LIBRARY OF CONGRESS. 

Shelf .--JAi I 



n 



UNITED STATES OF AMERICA. 



TO SCHOOL OFFICERS. 



The attention of County Superintend ents, School Boards, 
and Township Trustees, is called to the facts that this Com- 
pilation of the School Laws of Indiana contains all the 
Acts relating to Common Schools, in force April 1 6th, 1881 ; 
that they have been conveniently classified and arranged; 
and, that this edition is the only one supplied with a full 
■and concise Analytical Index. 

INDIANAPOLIS JOUKNAL CO., 

Publishers. 



A COMPLETE COMPILATION 



School Laws of Indiana, 



ENACTED AND AMENDED TO APRIL 16, 1881; 



EXPLANATORY NOTES 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, 



FULL AND CONCISE ANALYTICAL INDEX, 



Prepared Expressly for this Edition by Geo. H, Fleming. 





INDIANAPOLIS: 

JOURNAL COMPANY, PUBLISHERS AND PRINTERS. 

1881. 



.X-7 

I S8I 



Entered'accordiug to Act of Congress, in the year 1881, I'v 0. H. Hassklma.n, 
in the office of Librarian of Congress, at Washington, I>. C. 



CLASSIFICATIONS. 



General Provisions . . . 1 — 5t 

Cities and Incorporated Towns 51 — 5$ 

Purdue University 56 - 5T 

Public Libraries . . . . , . . . . .57 — 63^ 

Real Estate, Appropriation of 65 

School Buildings and Grounds 64 — 71 

School Lands . . . . . 72 — 74 

State Normal School ,75 — 78 

Miscellaneous Laws » 78 — 80 



AN ANALYTICAL INDEX. 



PREPARED EXPRESSLY FOR THIS EDITION BY GEO. H. FLEMING. 



Appeals— 

Controversies of a general nature, arising un- 
der the School Laws— Will lie from County 
Superintendents to State Superintendent of 
Public Instruction p 22, s 39 ; p 48, s 165. 

Scholars, Excl usion of refractory— Will lie from 

School Directors to Township Trustees 

p 19, s 32. 

School meetings, As to legality of — Will lie 
from Township Trustees to County Superin- 
tendents p 48, s 164. 

School-Houses, As to building, location, re- 
moval, and repair of — Will lie from Town- 
ship Trustees to County Superintendents 

p 48, s 164. 

Schools, As to establishment of — Will lie from 
Township Trustees to Covinty Superintend- 
ents p48, s 164. 

Teachers, As to dismissal or resignation of — 
Will lie from Township Trustees to County 
Superintendents p 48, s 164. 

Transfers of persons for school purposes — Will 
lie from Township Trustees to County Super- 
intendents p 48, s 164. 

AUDITORS. See County Auditors. 

AUDITOR OF STATE— 
With State Superintendent of Public Instruc- 
tion, at each of the two apportionments of 
the " School Revenue for Tuition," shall set- 
tle and adjust the State's indebtedness to the 

schools p 37, s 114. 

•Shall give warrants on the State Treasury to 
the several County Treasurers, at time of 
semi-annual settlements therewith, for the 
distributive share of the "School Revenue 
for Tuition" apportioned to the respective 
counties p 38, s 116. 

BIBLE— 

Shall not be excluded from Common Schools 
p 48, s 167 ; p 49, notes to see. 167. 

BOARDS OP EDUCATION. See County 
Boards of Education; State Board of 
Education. 

BOARDS OF SCHOOL COMMISSIONERS. See 
School Commissioners. 

BOARDS OF SCHOOL TRUSTEES. See School 

Trustees. 

BONDS. See Official Bonds; School Bonds. 

CITIES— 

Declared distinct municipal corporations for 

school purposes p 4, s 4. 

General school system for p 5, s o. 

General school system for cities of 30,000 or 

more inhabitants pp 51 to .54, ss 1 to 6. 



CITIES, continued. 

Public Libraries— How established, etc., by 

private enterprise pp 57 and 58, ss 1 to 12 • 

p 59, ss 2 to 6 ; pp 61 and 62, ss 1 to 4. 

iS«/«e. — How established, in connection with the 
Common Scliools, in cities of 10,000 and more 
inhabitants pp 60 and 61, ss 1 to 3. 

/Same.- Cities may become shareholders in such 
libraries, and may, annually, levy and collect 
a tax of not more than two mills on each 

dollar of taxable property in behalf of 

p 59, s 7. 

Same.. — Shares of stock in such libraries may be 
distributed by subscribing cities, as prizes to 
public school children p 59, s 8. 

/Same.— In event of dissolution or of the forfeit- 
ure of franchises, if owners of one-third of 
the stock, the property of such libraries shall 
merge in the contributing cities, and shall 
then become free to the public p 60, s 9. 

Same —In cities of 30,000 or more inhabitants, 
the levy on taxable property shall not exceed 

one-fifth of a mill on each %\ of valuation 

p 53, s 4, clause 3 ; p 56, s 3. 

Sawfi.— Where population of city is equal to 
10,000, the levy on taxable property may be 
one-third of a mill on each %\ of valuation 
p61, s2. 

School Boards— Common Councils of cities 
shall elect one member of the Boards of 
School Trustees [aggregate number, three] at 
their first regular meeting in June, annually 
p 5, s 5. 

Same.— In cities of 30,000 or more inhabitants, 
one-third of the membership of Boards of 
School Commissioners (which shall be at least 
equal in numbers to the wards of such city 
in 1871) shall be elected by the voters thereof, 
on the second Saturday in June, annually 
pp 51 and 52, ss 1 and 2. 

Same.- The full tenure of office of each School 
Trustee or School Commissioner is three 
years p 5, s 5 ; p 52, s 3. 

Same. — School Trustees shall receive such com- 
pensation as the Common Councils shall deem 
just, and be paid out of the special school 
revenue of such municipalities p 5, s o. 

Same. — School Commissioners shall serve with- 
out any compensation whatever p 54, s 6. 

Same. — Cities may employ Superintendents for 
schools under their control ; in which cases, 
such schools shall be exempt from the super- 
vision of Countv Superintendents p 23 

s39. 

School Bonds— May be issued by cities of 
30, 000 or more inhabitants, in an amount not 
exceeding S100,0n0, to aid in the erection of 
school-houses p 53, s 4, clause 8. 

Same.— By Act of March 8, 1873, the aggregate 
of bonds to be issued by cities of less than 
30,000 inhabitants, for the erection and 
completion of school-houses, for purchase of 



Vlll 



SCHOOL LAWS OF INDIANA. 



CITIES. CONTINUED. 

grounds and buildings for school purposes, 
and for the payment of indebtedness thus 
created, is limited to .<5.5'"i,000 p 64, s 1. 

Same. — By Act of March 3, IS", cities of 
30,000 or more inhabitants may anticipate 

school revenue bv temporary loans p 55, 

si. 

Special School Taa'ks— Shall be levied an- 
nually by the School Boards of; and said 
levy shall not exceed the sum of 50 cents on 
each SlOO of taxable property and 51 on each 
taxable poll p If, s 12. 

Same. — By Act of March 9, 1867, aforesaid spe- 
cial tax is reduced to 25 cents on taxable 

property and to 25 cents ou taxable polls 

p "8, s 1 ; p 53, s 4, clause 2. 

Same. — By Act of March 8. 1873, additional 
special taxes of 50 cents on each ^100 of tax- 
able property and SI on each taxable poll are 
authorized, for the purpose of paying off the 
bonded indebtedness created for school pur- 
poses p 65, s 3. 

Same. — By Act of February 13, 1877, the annual 
levy on taxable property in cities having a 
voting population of over 16,000, is reduced 
to 20 cents or less on each SlOO p 55, s 3. 

CITY PUBLIC LIBRARIES. See Public Li- 

BRABIES. 

CITY SCHOOLS— 

Acts providing a general system of Common 
Schools in all cities of 30.000 or more inhab- 
itants pp 51 to 55. 

May be placed under the charge of a City Su- 
perintendent ; whereupon such schools shall 
be exempt from the supervision of County 
Superintendent p 23. s 39. 

Colored children — Separate schools may be or- 
ganized for p 51, s 3 

CITY SCHOOL SUPERINTENDENTS. See 
School Supeeistendents. 

CITY SCHOOL TRUSTEES. See School Trus- 
tees. 

CIVIL TOWNSHIPS. .See Townships. 

COLORED CHILDREN— 
Shall be enumerated, and be entitled to school 

privileges p 11, s 14 : p .50, s 2. 

Separate schools for mav be organized p 

.51, s 3. 
May attend same schools vrith white children, 

if separate schools are not provided p 

51, s 3. 
If fitted for higher grades than are afforded in 

separate schools, sliall be entitled to enter 

white schools of such grades p 51, s 3 

COMMISSIONERS. See County Commission- 
ers ; School Commissioners. 

COMMON SCHOOL FUND. See School Funds. 

COMMON SCHOOLS— 

General Assembly shall provide a general and 
uniform system of p 1, Const, art. 8, s 1. 

Tuition in shall be without charge, and equally 
free to all p 1, Const, art. 8, s 1. 

County Superintendents shall have general 
supervision of all the schools in the counties 
of the State, with the exception of those 
located in cities which have Superintendents 
of their own pp 22 and 23, s 39. 

Teachers— Qualifications of p 20, s 34. 

Instruction given in, must be in the English 
language p 43, s 147. 

List of compulsorv studies to be taught 
in p 43, s 147. 

Glerman language mav be inrroduced into, hs a 
study p43^ sl47. 



COMMON SCHOOLS, continued. 
Other languages and branches of learning may 

be taught in p 43, s 147. 

Definitions — A school term of three months 

shall be sixty days ; a school month shall be 

twenty days; a school week shall be five 

days..'....p 47, s 163. 
White and colored children, between the ages 

of six and twenty-one years, exclusive of 

married persons, shall have the privilege of 

attending p 11, s 14; p 50, s 2. 

Special provisions as to colored ""hildren p 

51, s 3 
Refractory pupils may be excluded from a 

Distiict School by the School Director in 

charge thereof p 19, s 31. 

CONGRESSIONAL TOWNSHIPS— 
How enumerations of i^ersons of school age 
shall be taken and reported when such town- 
ship is located in two or more counties p 

14, s 19 : p 73, s 2. 
Civil township lines shall be made to conform 
to lines of congressional townships as far as 
practicable p 43, s 148. 

CONGRESSIONAL TOWNSHIP SCHOOL 
FUND. See School Funds. 

CONGRESSIONAL TOWNSHIP SCHOOL 
LANDS. See School Lands. 

CONSTITUTIONAL PROVISIONS— 
Relative to free education pp 1 asd 2. 

CORPORATIONS— (See, also, School Corpora- 
tions. I 
General Assembly may assess taxes on prop- 
ertv of, for Common School purposes p 1, 

Const, art. 8> s 2 

COUNTY auditors- 
School Funds— Duties and powers of, in re- 
lation thereto p 31, ss 75. 76, 80, 84 ; p 32, 

ss 86 to 88, 90, 91, 93; p 33, ss 94 to 97; p 
34, ss99 to 101, and 103; p :3.5, sl07; p 37, 
s 112 ; p 44, ss 151 and 152 : pp 73-74, ss 2 to 6. 

5ani#.— Shall receive the two per cent, dam- 
ages accruing on all sales for non-payment of 
loans, anl two per cent, on all loans for which 
the mortgaged pf'tuises are advertised but 
not sold p 35, s 107. 

Same. — " Shall be allowed one-fourth of one 
per cent, on all School Funds disbursed by 
said Auditor" p 35, foot-note. 

Congressional Township School Lands— 

Duties and powers at sales of p 28, ss 54 

and 55 ; p 29, ss 56, 59, 60, 62, and 64 ; p 30, 
.ss 65, 68 to 73. 

County Superintendents— Duties and pow- 
ers of Auditors at elections of and subse- 
quent thereto pp 19 and 20, s 33. 

School Revenue for Tuition— Duties and 

powers of, in relation thereto p 36, ss 110 

and 111; p 38, s 118. 

Same. — Penalty for failing to make the reptoris 
required by sections 110 and 111 — A diminu- 
tion of SKjO at next apportionment of proper 
county school revenue, to he recovered from 
Auditors in a suit brought within two 
years p 37, s 113. 

Special School Tax — Shall asses.*, etc., such 
tax when same is levied by proper school 
officers p 10, s 12. 

School Trustees — Duties and p^iwers in re- 
lation to p 6, s 6 ; p 16, ss 22 and 23 ; p 42, 

s 141. 

COUNTY BOARDS OF EDUCATION— 
County Superintendents, Township Trustees, 
and the chairmen of City and Town School 
Trustees shall constitute.'. ..p 25, s " e." 
Shall meet on the first days of May and Sep- 
tember, at the office o.' the County Superin- 
tendents p 25, s "e." 



ANALYTICAL INDEX. 



IX 



COUNTY BOARDS OF EDUCATION, con- 
tinued. 

County Superintendents shall preside over, and 
shall be entitled to vote on all questions 
brought be/ore p 25, s "e." 

Text-books adopted by, shall not be changed 
within six years of their adoption except by 
an unanimous vote of p 26, s " e." 

COUNTY rOMMISSIOXERS— 

Congressional Townships— Sliall conform civil 

township lines to, as far as practicable 

p 43, s 148. 

Congressional Townsliip School Fund — Duties 

in relation tliereto p 4, s 3 ; p 34, s 104; 

p 35, ss 105 and lOtt 

Congressional Township School Lands — May 
direct sale of, whf^n deraanded liy a majority 
of the voters in such township p 2S, s 54. 

County Superintendents — May dismiss such 
officers for immorality, incompetency, gene- 
ral neglect of duty, or acting as sales-agents 

for articles used in the public schools 

p 19, s 33. 

5a»»e.— Shall make settlements with p 24. 

s43. 

Purdue University — May appoint and keep 
two students from each county p 56, s 1. 

School Funds and Revenues — Authorized and 

required to provide for deficiencies in 

p 4, 8 3. 

School Trustees — Duties and powers in relation 
to p 6, s 7 ; p 7, s 9 ; p 16, s 22. 

Township Trustees — Duties and powers in re- 
lation to p 7, s 9 ; p 42, s 141 ; p 43, ss 142 

and 143. 

COUNTY LIBRARIES. See Public Ltbraries. 

COUNTY SUPERINTENDENTS— 

Appeals from —Shall lie to State Superintend- 
ent of Public Instruction p 22, s 39 ; p 48, 

s 165. 

Appeals to — From decisions of Township Trus- 
tees p 17, s 26 ; p 48, s 164. 

Election of— By Township Trustee?^, on first 
Monday in June, biennially p 19, s 33. 

Bond of— Penalty, §1000 p 19, s 33. 

Compensation of — S4 a day when officially em- 
ployed p 24, s 43. 

Removal of — Causes therefor, etc p 19, s 33. 

Vacancies in office of — Shall be filled at special 
election by Township Trustees p 20, s 33. 

Shall .serve as chairmen and be active mem- 
bers of County Boards of Education p 25, 

8 "c." 

Shall have general superintendence of the 
common schools within the limits of their 
respective counties p 22, s 39. 

City schools which are supplied with their 
own Superintendents may be exempted from 
the supervision of p 23, s 39. 

Duties and PovyERS of— General p 22, 

ss 38 and 39. 

Same. — As to teachers in the Common Schools 
p 20, s 34 ; p 21, ss 36 to 38.' 

Same. — As to School Funds p 7, s 7, cl 4; p 

24, s 42 ; p 25, ss " c " and " d." 

Same. — As to School Revenues p 7, s 7, cl 

4; pll, s 13; p 24, s 42; p 25, 8S "c"and 
"d." 

Same. — As to School Trustees p 15, s 21 ; p 

16, 8 22; p 23, s 40; p 42, s 141. 

Same. — As to transfers of persons for school 
purposes p 11, s 13; p 24, s 42. 

Same. — As to enumerations for school purposes 
p 14, ss 18 and 19 ; p 23, s 41 ; p 24, s 42. 

Same. — As to Teachers' Institutes p 47, ss 

159 and 161. 

COUNTY TREASURERS— 
Fees for disbursements of School Funds and of 
Special School Taxes shall be one ^er cent. 
p35, sl07. 



COUNTY TREASURERS, continued. 
School Funds — Duties in relation to p 32,. 

ss 92 and 93 ; p 34, ss 100, 103, and 104 ; p 40,. 

s 127 ; p 54, s 5. 
School Lands — Duties at sales of p 28, s 54 ;. 

p 29, ss 56 and 64 ; p 30, s 69. 
Scliool Revenues — Duties in relation to p 38, 

ss 116 and 118 ; p 40, s 127 ; p 54, s 5. 
Special School Taxes — Duties in relation to 

p 11, s 13. 
Township School Library Taxes— Shall be paid 

by into State treasury p 41, s 133. 

DIRECTORS. See Scnooi. Directors. 

DISTRICTS. See School Districts. 

DISTRICT SCHO(jLS. See School Districts.. 

EDUCATION, B0.i.RnS OF. See County 
Boards of Education ; State Board oe" 
Education. 

ELECTIONS - 

Of Boards of School Commissioners for cities 
of 30,000 or more inhabitants— By qualified 
voters of school districts, on second Satur- 
day in June, annually pp 51 and 52, ss 1 

and 2. 

Of Countjf Superintendents of Schools— By 
Township Trustees, on first Monday in June, 
biennially p 19, s 33. 

Of School Directors for School Districts— By 
voters of school districts, on first Saturday 
in October, annually p 16, s 25. 

Of School Trustees for cities of less than 30,000 
inhabitants — By Common Councils, at their 

first regular meetings in June, annually 

p 5, s 5. 

Of School Trustees for Incorporated Towns — 
By Boards of Ti-ustecs, at. their first regular 
meetings in June, annually p 5, s 5. 

Of State Superintendent of Public Instruction 
—At the general (State) elecliun, biennially 
p .38, s 119. 

ENUMERATIONS— 

Of colored children — By the School Trustees, 
between March 1st and May 1st, annu- 
ally p II, B 14; p50, s2. 

Of white children — To be taken as above p 

11, sl4. 

Of counties— To be reported by County Super- 
intendents to State Superintendent of Public 
Instruction, on or before May 15th, annu- 
ally p23, s 41. 

Of civil townships— To be taken by Township) 
Tru.«itees, and reported to County Superin- 
tendents, on or before May 1st, annuallv 

p 14, s 18. 

Of divided congressional townships — To be 
taken by the several Township Trustees, and 
reported to County Superintendent of the 
county where the Congressional Township 
[School] Fund is kept and managed, on or 
before May 1st, annually p 14, s 19. 

Of persons transferred for school purposes — 

How made and reported p 13, s 16 ; p 14, 

sl8. 

GERMAN LANGUAGE— 
Conditions under which it may be introduced' 
into the public schools p 43, s 147. 

GRADED SCHOOLS- 

Establifhment of p 8, s 10 and foot-notes;. 

p 53, s 4, clause 7. 

Establishment of Joint Graded Schools by the 
School Trustees of two or more distinct mu- 
nicipal corporations for school purposes 

p 10, s "b." 

INCORPORATED TOWNS. See Towns. 



3: 



SCHOOL LAWS OF INDIANA. 



INSTITUTES. See Tbachkrs' Institui es. 

iiANDS. See School Lands. 

LIBRARIES. See Public Libkariks. 

.LICENSES. (See, also, Teachers.) 

(ri-anted for the sale of intoxicating liquors, 
shall be paid into the School Revenue for 
Tuition p 4, s 2. 

LOANS. See School Funds. 

MORTGAGES. See School Finds. 

NORMAL SCHOOL. See State Normal 
School. 

PRIVATE SCHOOLS— 
Unoccupied public school-houses may be used 
i>y, when application for such privilege is 
made by a majority of the patrons of such 

public school p 46, s 158. 

Teachers of must report certain facts to school 
(itficers in charge of the granted public 
i>roperty p 46, s 158. 

PUBLIC LIBRARIES— 

In Cities — Inhabitants must subscribe the 
sum of SoO, or upwards, before proceeding to 
organize p 57, s 1. 

Satiie. — Proceedings in organizing p u7, ss 2 

a id 3. 

Snh.e. — Transcript of proceedings at meeting 
held for organization must be sworn or af- 
firmed to, and filed or recorded in County 
Recorder's office p 57, ss 4 and 5. 

Same. — Record of above mentioned transcript 
shall make such library a body corporate and 
politic p 57, s 6. 

Same. — Prohibited from doing the business of 
bankers and brokers p 58, s 7. 

<Saffi€.— Regular elections of directors of, shall 
be held on the first Monday in January, an- 
nually p 58, s 8 

Same. — May make by-laws for their govern- 
ment p 58, s 9. . 

Same: — May adopt a common seal p 58, s 10. 

Sam-e. — May levy an annual tax not exceeding 
$1 on each share of stock p 58, s 10. 

Same. — Above levy may be increased to S5 a 
share, bj' a vote of two-thirds of the share- 
holders. .....p 58, s 10. 

Same. Quorum, vacancies, and tenure of office 
of directors p 58, s 11. 

Same. —May receive donations of lands, books, 
moneys, papers, etc., for use and benefit of 
p.^8, s 12. 

■ Same. — Boardc of School Commissioners for cit- 

ies of 30,0' K) or more inhabitants are author- 
ized to levy an annual tax, not exceeding 
one-fifth of a mill on each dollar of taxable 
property, for the support of free libraries in 
connection with the Common Schools; and 
to make and enforce regulations therefor, 
and to prescribe penalties for the violation 
thereof p 53, s 4, clause 3. 

■ Same. — Where population of cities is equal to 

10,000, according to State or National census, 
the School Boards, by whatever particular 
name they may be designated, shall have the 
power to establish free public libraries in 
connection with the Common Schools of such 
cities, and make all necessary rules and regula- 
tions for their management, etc p 60, s 1. 

Same. — Such Boards shall have power to levy 
an annual tax, not exceeding one-third of a 
mill on each dollar of taxable property in 
said cities, which shall be collected in the 
same manner as other municipal taxes, and 
be used for the support and maintenance of 

such libraries p 61, s 2. 

.Sume — Such cities may purchase, or other- 
wise acquire, and hold real estate for the 
use or benefit of said libraries p 61, s 3. 



PUBLIC LIBRARIE.>. continued. 

In Incori'ORATKD Towns [Same regulations 
as are contain, d in ail but the last four pre- 
ceding provisions) pp57 and 58, ssl to 12. 

In Villages — (Same as last above) pp 57 

and 58, ss 1 to 12. 

In Neighborhoods— (Same as above) pp 57 

and 58, ss 1 to 12. 

In Tovtnships- State Board of Education shall 

direct what books shall be purchased for 

p 41, 3 132. 

Same., — No sectarian or strictly party work 
shall be admitted to p 41, s 132. 

Same. — Tax moneys for benefit of, shall be 
paid into State Treasury p 41, s 133. 

.' ame. — State Superintendent of Public In- 
struction shall superintend purchase of books 
for p 41, s 134. 

Same. — Books purchased for, shall be appor- 
tioned and distributed according to the school 
population of the townships p 41, s 135. 

;&?«<".- Township Trustees shall have charge 
of p41, ss 136 and 137. 

Same. — Use of, shall be free to inhabitants of 
the townships p 42, ss 137 and 138. 

Same. — Library may be deposited at some cen- 
tral, eligible, and convenient place ; a libra- 
rian may be appointed ; and it shall be open 
without regard to school session, Sundays 

and holidays excepted p 42, ss 139 and 

140 

Same. — In any township where a free public 
library of the value of 81,000 or more, has 
been or shall be established by private doa:'.- 
tions, the Township Trustee shall ansually 
levy and collect not more than one cent on 
each SlOO of taxable property within said 
township, to be applied by the trustees of 
said library in the purchase of books there- 
for p 60, s 1. 

An Act lor the incorporation of public libra- 
ries, by not less than seven persons, for the 
general benefit and advantage of all the in- 
habitants of any city or county in this State 
pp 61 to 63, ss 1 to 5. 

PURDUE UNIVERSITY— 
Titles of Acts approved in 186") and 1869, under 

which this University was established 

p 56, foot-note. 
Each county is entitled to enter two students 

at p 56, s 1. 

County Commissioners to have the appointing 

power p 56, s i . 

Scholarship vacancies to be filled by County 

Commissioners, as thev may occur p 57, 

s2. 
Ordinary college expenses at, to be free p 

56, s 1. 

REAL ESTATE, APPROPRIATION OF— 
Township Trustees or School Tiugtees are au- 
thorized and empowered to .select, to have 
appraised, and to appropriate by purchase, 
such real estate as may be necessary for 
school purposes p 63, ss 1 to 4. 

SCHOLARS. See Common Schools; District 
Schools ; Graded Schools. 

SCHOOL BOARDS. See School Commission- 
ers; School Trustees. 

SCHOOL bonds- 
Cities- Are authorized (by Act of March 3, 
1871) to issue and sell bonds, to the aggregate 
SlOO, 000, payable within five years from 
(late, to aid in the erection of school-houses 
therein; interest on such bonds shall not be 
higher than ten per cent, per annum, and 
they shall not be sold for a less price than 95 

cents on the dollar p 53, s 4, clause 8. 

Sam^e. — By Act of March 3, 1873, the aggregate 
of bonds to be issued for the erection and 
completion of school-house.s, the purchase of 



A X A I. YTIC A L I N D E X . 



SCHOOL BONDS, continued. 

grounds and buildings for school purposes, 
and for the payment of indebtedness thus 
created, is limited to 850,000, payable in one 
year or twenty years; and the minimum 
selling-price of such bonds is placed at 94 
cents on the dollar p 64, s 1. 

Towns — Are authorized to issue and sell bonds 
for the several purposes and under the same 

regulations as last above mentioned p 64, 

si. 

Same.— By Act of February 25, 1875, the aggre- 
gate of bonds to be issued for the completion 
of any unfinished sehf»ol-house is limited to 

810,000, payable in one year or ten vears 

p 67, s 1. 

Townships — Whenever a sum of money in 
excess of $10,000 shall be raised by gift or 
devise and by public subscription, for the 
purpose of erectiug a public-school building 
or seminary in any uuincorporatt'd town of 
this State, the Trustee of the township in 
which said town is situated, if so petitioned 
by a majority of the legal voters of said 
township, shall i~sue and sell bonds to the 
aggregate of $15,000, payable within seven 
vears, and bearing a rate of interest not 
higher than seven per cent, per annum, for 
the purpose of complying with the condition 
of such gift or devise p 69, s 1. 

SCHOOL BUILDINGS AND GROUNDS. See 
School Houses. 

SCHOOL COMMISSIONERS— 

School Boards of cities of 30,000 or more inhab- 
itants are styled " Boards of School Commis- 
sioners" pp 51 to 56. 

Such cities, when first coming under the oper- 
ations of this law, shall be divided into as 
many School Districts as there are wards 
therein, and one Commissioner shall be elec- 
ted by the legal voters of each of said School 
Districts p 51, s 1 ; p 52, s 2 

School Districts may thereafter be increased 
in number, in which event the number of 
Commissioners shall be correspondingly in- 
creased p 52, s 2. 

Election of, shall be held on the second Satur- 
day in June, annually p 52, s 1. 

"Vacancies in the membership, occurring be- 
tween the dates of annual elections, shall be 
filled by ballot votes of the members of said 
Board p 52, s 3. 

Full official term of, three years ; at organiza- 
tion after first election one, two, and three 
years terms of office shall be equally dis- 
tributed among the membership, by lot 

p 52, s 3. 

Shall serve without any compensation what- 
ever p 54, s 6. 

General duties and powers of pp 53 and 

54, s 4. 

Special School Taxes- Shall be levied by 
said Board [p 53, s 4, clause 2], be collected 
by City Treasurer, and by said officer paid, 

monthly, to the treasurer of said Board 

p 54, s 5. 

Same. - Levies for school purposes proper shall 
not exceed annually 50 cents on each $100 of 
taxable propertv p 53, s 4, clause 2. 

Same.— By Act of'February 13, 1877, this levy 
in cities bavins a voting population of over 
16,000 is limited to an aggregate of 20 cents on 

each $100 of taxable property pp 55 and 

56, s 3 

Shall also make an annual levy of one-fifth of 
a mill on each $1 of taxable property, for the 
support of free libraries in connection with 
the Common Schools p 53, s 4, clause 3 

May anticipate annual revenues of the city 
schools by temporary loans p 55, s 1. 

SCHOOL CORPORATIONS— 
Suits against, relative to p 43, ss 144 to 146. 



SCHOOL CORPORATIONS, continued 
Civil townships, incorpomted towns, and cities 
declared distinct municipal corporations for 
school purposes, with all franchises belonging 
thereto p 4, s 4. 

SCHOOL DIRECTORS- 

Shall be elected on first Saturday in October, 
annually, at a school meeting "held by the 
voters of each School District p 16, s 25. 

In case of failure to elect, the Township Trus- 
tee shall appoint a Director p 16, s 25. 

An appointed Director may be removed from 
office upon a petition of three-fourths of the 
voters of that School District p 16, s 25. 

Duties, etc., of p 18, s 29 ; p 19, ss 30, 31. 

Appeals will lie from decisions of, to Township 
Trustees p 19, s 32. 

SCHOOL DISTRICTS— 

Persons who shall select any particular school 
for educational purposes shall be considered 
as forming the school district of the school 
selected p 12, sl4. 

Persons listed for school purposes in cities and 
towns shall be considered as forming school 
districts separate and distinct from the 

townships in which they are situated 

p 12, s 14. 

Joint school districts — How formed and oper- 
ated pp 70 and 71, ss 1 and 2. 

School Meetings— Shall be held in each 
school district (other than those formed in 
cities and towns) on the first Saturday in 
October, annually, and at other times upon 
call of the School Director or of any five vo- 
ters of such district p 17, s 26. 

Same — All taxpayers (except women) attached 
to any school district shall be qualified voters 
at such school meetings p 17, s 26. 

Same. — At annual meeting shall elect a School 
Director for their school p 16, s 25. 

Same— May fill vacancies in office of School 
Director p 17, s 26. 

Same. — May determine the branches of study 
to be taught in p 17, s 26 ; p 21, s 35. 

Same. — May direct necessary repairs to their 
school-house p 17, s 26. 

Same. — May petition the Township Trustee 
for the removal of their school-house to a 
more convenient location, for the erection of 

a new one, or for the sale of the old one 

p 17, s 26. 

Sa7n,e. — May protest against the employment 
of, or petition for the dismissal of, any par- 
ticular teacher p 18, s 28. 

SCHOOL funds- 
Common School Fund— What it shall consist 
of p 1, Const, art. 8, s 2 ; p 3, S. L. s 2. 

Congressional Township School Fund— 
Shall constitute a part of the Common School 
Fund p 1, Const, art. 8, s 2. 

Same. — Shall be denominated, kept, managed, 

etc., as a separate and distinct fund p 3, 

S. L. s 2 and notes. 

Same.— "Where a congressional township is lo- 
cated in two or more counties, the fund ap- 
pertaining thereto shall be held in trust and 
managed by one certain County Superin- 
dent of Schools p 14, s 19 ; p 73 s 1. 

Same. — Each portion of a divided congressional 
township shall lie entitled to and be appor- 
tioned its share of fund p 24, s 42. 

Same. — Deferred payments for Congressional 
Townshl]! Lands shall be regarded as a part 
of p 28, s 55. 

Principals of funds shall remain as perpetual 
funds; may be increased, but shall neve* be 

diminished p 1, Const, art. 8, s 3; p 4, S. 

L. s2. 

Income thereof shall be inviolably appropri- 
ated to the support of Common Schools, and 

for no other purpose whatever p 1, Const. 

art. 8, s 3. 



Xll 



SCHOOL LAWS OF INDIANA. 



SCHOOL FUND.*, continued. 

Income thereof, witli other specified resources, 
shall be denominated the School Revenue for 
Tuition p 4, S. L. s 2. 

State shall safely invest portion of fund re- 
maining ill her possession, and distribute the 
interest received thereon to the i^roper coun- 
ties p 2, Const, art. 8, s. 4 

State shall keep inviolate and faithfully apply 
those held by her in trust .... p 2, Const, art. 
8, s7. 

Apportionment of interest thereon, if not de- 
manded, shall be reinve;ited for benefit of 
proper county p 2, Const, art. 8, s 5. 

Counties shall be liable for entrusted portions 
of funds and for the payment of the annual 

irterest thereon p 2, Const, art. 8, s 3: p 

4, S. L. 8 3 

Loans of — How made, secured, coll-^cted, etc. 
pp 30 to 32, ss 74 to 92. 

Same. — Not to exceed $1,000 to any person or 
corporation p 31, s 79. 

Same. — Shall not be made for a longer term 
than five years p 31, s 82. 

School-Fund Mortgages— Must be on realty 

valued at double the sum loaned thereon 

p31, s8o 

Same. — Additional regulations concerning 

pp ;a to 34, ss 8.5 to 101 ; p )9, s 1. 

.?«ni^.— Form of n .S2, s 89. 

-Same.— K< nil of mortgage notes p 32, s 90. 

Same — Hu» paymi nt of principal and interest 
upon shall be made p 32, s 92. 

Same.—}io^v satisfied p 32, s 9:-!. 

Same — Fees to be paid by mortgagor p 36, 

s 108. 

Unpaid School-Fund Mortgages— How sales 

of mortgaged lands shall be conducted 

p 33, ss 93 to 97. 

S<i/ne. — How sales of lands bought in for bene- 
fit of fund shall be re-sold pp 33 and 34, 

ss 97 to 101. 

County Auditobs — Duties and powers of, 
in relation to See first two paragraphs un- 
der heading of "County Aiidilo-rs." 

Same. — Fees payable to said otlicers for man- 
agement of p 3.5, s 107. 

County Treasueees — Duties and powers of, 
in relation to See first two paragraphs un- 
der heading of "County Treasurers." 

Same. — Fees payable to said officers, for man- 
agement of....'..p 35, s 107. 

County Commissioners -Duties of, in relation 
to p 4, s 3 ; pp 34 and 35, ss 104 to 106. 

County Superintendentsof Schools — Duties and 
powers of, in relation to p25, "c" and ''d." 

School Trustees — Penalties assessed against, for 
failure to i^erform certain official duties, 

shall, when recovered, be jiaid into p 16, 

fs23 and 24. 

State Superintendent of Public In-trucfion — 

Duties and powers of. in relation to p 39, 

ss 121 to 123; p 40, s~ 124 to 127. 

SCHOOL-FUND MORTGAGES. See School 
Funds. 

SCHOOL-HOUSES- 

Wheu unoccupied for public school purposes, 
may be used by private schools, if such de- 
mand be preferred by a majority of the 
school district tax-f)ayeis p 46, s 158. 

Under same condilionsas above set forth, may 
be used for religinus and political meetings, 
if equal privileges be accorded to all religious 

denoiiiinatioiis and political pr.rlies p50, 

s6. 

Colored children shall be provided with sei)a- 
rate school acccommodations, when practic- 
able, but shall not be excluded from anj' 

public school on account of race or color 

p51, s3. 

Entrance doors to school-houses of more than 
one story shall be hung so as to swing out- 
wardly p 71, s 1 to 3. 



SCHOOL-HOUSES, continued. 

Sales of lands which have ceased to be occu- 
pied lor school purposes — Proceedings as to 
p43, Sl49, p44, s 150. 

In Cities— To provide means for erecting, re- 
pairing, and renting school houses, for sup- 
plying schools with furnitute, school appa- 
ratus, and fuel, and to pay the necessary 
expenses of the school system , except tuii ion , 
Boards of School Trustees may levy, annu- 
ally, a special school tax of 50 cents on each 
$100 of taxable property and .^l on each 
taxable poll ... p 10, s 12.' 

Same.-By Act of March 3, 1871, cities of 30,000 
or more inhabitants may issue $100,000 in 
bonds, to aid in the erection of school-houses 
p 53, s 4, clause 8. 

Same. — By Act of March 8, 1873, cities of a less 
population than 30,000, and incorporated 
towns, may issue 150,000 in bond", to aid in 
the erection and completion of school-houses, 
the purchase of grounds and buildings re- 
ijuired for school purposes, and for the pay- 
ment of indebtedness thus created. ..p 64, s 1. 

Same. — Before purchasing any school g'^otinds 
or contracting for the ei ection of any school- 
house, the Schotil Trustees shall notify the 
Common Council as to all the details of neces- 
sity and cost of such outlay p 66, s 1. 

In Towns- [The first two provisions under 
preceding sub heading "In Cities," apply, 
also, to schofd-houses in towns.] 

Same. — Board of Trustees may issue and sell' 
bonds to the aggregate of $10,000, to provide 
means with which to complete unfinished 
school-houses p 67, s 1. 

In Townships— Township Trustees are the 
Trustees of schools p 5, s 4. 

Same- — [The school affairs of cities and incor- 
porated towns are exempted from the super- 
vision of Trustees of the townships in wLich 
they are situated ] „;■ 

<SVT)?/e.^[The first provision under preceding 
sub-hetiding "In Cities," applies, also, to 
school-houses in townships.] 

Same. — Township Trusteesmay levy, annually, 
an additional special tax of 25 cents on each 
$100 of taxable property, for paying debts 
created on account of p 6S, s 1. 

Same.— When by gilt or devise and subscrip- 
tions, a sum approximating $10,000 has been 
raised for the purpose of erecting a public 
school building or seminarj' in any unincor- 
porated town, tlie Trustee of the township 
in which snch town is situated, upon the 
petition of a majority of the voters of such- 
township, shall issue and sell bonds to the 
amount of $15,000, to be used in aiding and 
pr- motirig the condition of said gift or devise 
pp 69 an 1 70, s 1. 

SCHOOL LANDS- 

("ongressional Township School Lands de- 
clared a part of the Common School Fund 
p li Const art. 8, s 2. 

Declared a portion of the fund denominated 
the " Congressional School Fund" p4,s2. 

Township Trustees shall have the care and 

management of p 9, s 10 ; p 2H, s 44 ; p 27, 

ss 4f; and •17; p 7.-!, s 1. 

May be leased for any term not exceeding 
seven years, if majority of voters in con- 
gressional township so demand p 26, s 45. 

Duties of County Auditors in relation to pp 

7.i and 71, ss 3 to f-j. 

Are taxable befoie deed is delivered p 72 

and 73, ss 1 to 3. 

Sales of — How conducted, etc pp 27 to 3fl, 

ss48 to 73; p 44, s l.'O. 

Same. — Duties and powers of County Auditors 

at See third paragraph under heading of 

" County Auditors.'^ 

^'nwe.- Duii; s and powers of County Treas- 
urers at See third paragraph under head- 
ing of " County Treasurers." 



ANALYTICAL IXDKX. 



XIU 



SCHOOL MEETINGS. See School Districts. 

SCHOOL OFFICERS— 

Authorized and empowered to administer all 
oaths relative to school business, appertain- 
ing to their several offices p 48, s 166 

Women of legal age may be appointed or 
elected and serve as p 7^, s 1. 

SCHOOL REVENUES— 

Whence derived pp 3 and 4, ss 1 and 2 ; p 

iO, 8 12. 

County Superintendent shall bring suits, in 
the name of the State of Indiana, against 
any and all officers whose duty it shall be to 
collect, pay over, and disburse such reve- 
nues, whenever such officers shall neglect or 
refuse to collect or pay over, or shall misap- 
ply, such revenues p 25, s " d " 

School Revenue for Tuition— Whence de- 
rived p 4, s 3 ; p 80, s 5. 

5iiOTe.— Deficiencies in income receivable from 
Common School Fund and Congressional 
Township School Fund must be made up by 

the counties entrusted with such funds p 

4, s 3 ; p 2F>, s "c." 

Sayne. — Shall be apportioned to the counties, 
by the State Superintendent of Public In- 
struction, on the fourth Monday in May and 

on the first day of January, annually p 

36, 8 !0). 

iSame.— Preliminaries to foregoiog apportion- 
ments p 36, ss 110 and Ul ; p 37, s 114. 

Same. — Statements concerning apportionments 
shall be filed with the Auditor and Treas- 
urer of State and forwarded to the several 
counties p 37, sll5. 

Same. — How distributed to the counties p 

38, ssli6 and 117 

Same. — How distributed to the schools p 38, 

3 118 

Same. — Receipt and disbursement of, must be 
recorded and reported by School Trustees 
having custody and management of p 6, 

3 7. 

.S«TOe.— Must not be expended for other pur- 
poses than tuition p 4, s 2 ; p 7, s 8 

Sa7ne — Expenditure of must not anticipate its 
receipt p 7, s 8 

Same. — Must be fully expended during the 
school year of its apportionment p 17, s26. 

Special School Revenue— Whence derived 
plO, 8 12; p 44, s 149. 

Same. — Receipt and disbursement of must be 
recorded and reported by School Trustees 

having custody and management of p 6, 

s7. 

Same — Superintendents of Schools for cities 
and incorporated towns shall be paid their 
salaries out of p 9, s " a." 

Same. — Surplus of, over current expenses, re- 
maining in hands of school officers of cities 
or incorporated towns having charge of this 
revenue, shall be paid Into municipal treai^- 
ury, but may only be used in paying ofT 
school bonds p 69, s 1. 

&>?i«.— Boards of School Commissioners of 
cities of 30,000 or more inhabitants may sup- 
ply deficiencies in, by temporary loans p 

55, 8 1. 

^SCHOOLS. Sie City Schools; Common 
Schools ; District Schools ; Graded 
Schools ; Private Schools ; Purdue Uni- 
versity ; State Normal School. 

SCHOOL SUPERINTENDENTS— (See, also. 

County School Superintendents.) 
School Trustees of cities and incorporated 

towns empowered to employ such officers 

p 9, 8 "a." 

Salaries of shall be paid out of special school 

revenue p 9, s " a." 



SCHOOL TAXES— 

Shall be levied without regard to race or color 
of owner of taxable property p 50, s 1. 

Regular — State levy ©n taxable property, 16 
cents on each $100 p 3, s 1. 

State levy on each taxable poll, 50 cents 

p3, si. 

Common Councils of cities. Board of Trustees 
of towns, and Trustees of civil townships 
may levy, annually, a tax of 25 cents ou 
each SlOO of taxable property and 25 cents 
on each taxable poll for general school pur- 
poses p 78, s 1. 

Special — Township Trustees and Board of 
Trustees of incorporated towns and Common 
Councils of cities may levy, annually, 50 
cents on each 1100 of taxable propei-ty and 
SI on each taxable poll, for use in construc- 
tion, furnishing, etc., of school-houses 

p 10, s 12. 

Same — Payment of foregoing tax may be made 
"in kind" p 10, s 12. 

(Same. — The assessment and collection of the 
taxes authorized by section 12 (p 10) shall be 
made and distributed by the proper county 
officers p 11, s 13 

Sam^. — Persons transferred for school purposes 
shall pay the special school taxes levied for 
the benefit of such school district p 14, s 17. 

Sa-me. — For the payment of school bonds issued 
by cities and incorporated towns, an addi- 
tional special tax of 50 cents on each 8100 of 
taxable property and $1 on each taxable poll 

may be levied, etc., annually p 65, s 3; p 

68, s 3. 

Saine. — In cities of 30,000 or more Inhabitants, 
additional special school taxes may be levied 

by Boards of School Commissioners p 53, 

s 4, cl 2 ; p 54, s 5. 

Same. — The taxes last above mentioned shall 
not exceed, annually, 25 cents on each 8100 
of taxable property for school-house purposes, 
25 cents on each 8100 of taxable property for 
salaries of teachers, and one-fifth of a mill 
on each dollar of taxable property for the use 

of free public libraries p 53, s4, clauses 2 

ana 3. 

Same. — In cities having a voting population of 
over 16,000, the aggregate of the first two 
additional special taxes authorized last above 
is limited to 20 cents on each $100 of taxable 
property p 55, s 3. 

Sams. — In civil townships, an additional special 
school tax of 25 cents on each $100 of taxable 
property may be authorized by consent of the 
legal voters of such township, annually, for 
the purpose of discharging indebtedness aris- 
ing from the erection, etc., of school-houses 
p 68, s 1. 

SCHOOL TRUSTEES- 
OP Cities — Common Councils shall elect one 
School Trustee [aggregate number in such 
Board, three] at their first regular meeting 
in .lune, annually p 5, s 5. 

&!»;€.— Vacancies in said Bioard shall be filled, 
for the unexpired term, through an election, 
as in the first instance p 5, s 5. 

Same. — How and when organized p5, s 5. 

Sam^: — The three offices of President, Secretary 
and Treasurer shall be filled by the members 
of said Board, and each of said officers shall 
execute an official bond p 5, s 5. 

Same. — Comp'-nsation of, shall be sueh as Com- 
mon Councils may deem just, and said com- 
pensation shall be paid out of the special 

school revenue belonging to their cities 

p 6, 8 5. 

jSrtni«.— Duties and powers of, relative to school 

revenues apportioned to their cities pp 6 

and 7, ss 7 and 8. 

5aw<.— Shall make enumeration of children of 
school age between March Ist and May 1st, 
annually p 11, s 14. 



XIV 



SCHOOL LAWS OF 1N131AKA. 



SCHOOL TRUSTEES, contikued. 

Saiitf. — Shall have theuharge of iheedui>:ili(iii;U 
affairs, and the care and nianagt'iiieiu of all 
property used and employed for schoul pur- 
poses in iheir sities, except Congressional 

township school lands pp Sand 9, s 10; pp 

64 to 66. 

Same. — Shall have the power to employ a Super- 
intendent for the schools und^-r their control, 
to pay his salary from tlie sp^ci il school ev 
enue, and to assign his duties p 9, s ''a." 

Same. — Shall have power to levy a special tax, 
not exceeding 50 cent-* on each SlOO of tax- 
able property and SI on each poll, fur the 
p:iyment of all necessary outlays and ex- 
penses on account of the schools, except tui- 
tion p 10, s 12. 

Same. — Shall make and report transfer of per- 
sons for school purposes p 13, S 16. 

Same — If transferred person shall default in 
payment of special school tax assessable 
against his property and poll, he shall be de- 
prived of school privileges, and due notice 
of such exclusion shall I'e given to Trustee 
of the township or School Tru.=;[ees of the city 
or town where the transfeiTed person resides 
p 14, sl7. 

Same. — Reports required from p 6, s 7 : p 13, 

S16; plo, s21. 

Same. -Penalties assessed against andrecovered 
from, for failure to make the reports indi- 
cated by above enumerated seciioris, for not 
discharging any official duty, and far failing 

to qualifv and serve p 16, ss 22 to 24 : p 

23, s 40. " . 

Same. — Shall not employ teachers who are not 
provided with the proper State oj' eounty 
license p IS, s 2S. 

SaiiiP- — Hiairmen [Presidents] of sucli Boards 
shall be members of County Boards of Edu- 
cation p 2.5, s "e." 

Same. — Shall introduce the G"rnian language, 
as a branch of study, into any of the schools 
under their charge, when it is so demanded 
by the parent; or guardians of twenty-five or 
more children of such particular school or 
.schools .... p 43, s 147. 

.Same. — Shall make an annual levy, not exceed- 
ing 25 cents on each SlOO of taxable property 
and 25 cents on each taxable poll, for school 
purposes p 7S, s 1. 

■Same. — [See "Colored Childrkn," on page 
viii of this Index.] 

.Same. — May .select, have appraised, and appro- 
priate by purchase, such real estate as may 

be necessarv for school purposes p 63, ss 

1 to 4. 

SaOT€. — [See " Pcblic Liehariks." on page x 
of this Index ] 

,Sa«ie.— Where jjopulation has reached 10,000 
Inhabitants or upwards, may establish and 
regulate free public libraries in connection 
Tvith the Common Schools, and levy and col- 
lect a tax not exceeding one-third "of a mill 
on each SI of taxable property on city tax- 
duplicate, for the support and maintenance 
of such libraries pp 60 and 61, ss 1 and 2. 

Same. — May issue bonds to aggregate of §50,000, 
payable in one year or twenty years, on ac- 
count of school buUdings and grounds, and 
levy annually an additional special tax, not 
exceeding 50 cents on each SlOO of taxable 
property and SI on each taxable poll, to pro- 
vide for the payment of the principal and 

interest of such bonds i)P 64 to 66, ss 1 to 

3. See, also. Act of March 20, 1879, p 66. 

Same. — When the purpose for which aforesaid 
bonds were issued and sold shall have been 
accomplished, the surplus money sbMll be 
paid into City Treasury, to aid in payment 
of such bonded indebtedness p 69, s 1. 

Sa ne.—[In cities of 30,f'00 inhabitants or up- 
wards, tlie title of Sch'ol Board is changed 
to Board of School Commissioners. For pow- 



SCHOUL TRUSTEES. tx)^■Tl^•UICD. 

ers and duties of such B lard, ^ee " School 
Commissioners," on page xi of this Index.] 

Of Incokpokated Towns— [All the forego- 
ing provisions, with the exception of the last 
four paragraphs, govern the School Boards of 
incorporated towns as well as those of cities.] 

Of Civil Towxships— All the dutieK and 
poWers of City and I'own School Trustees are 
vested in and" shall be discharged by Town- 
ship Trustees p 5, s 4. 

S<ime.—[S-e " Township Trustees," on page 
xvi of this Index J 

STATE AUDITOR. .See Alditoe of State. 

STATE BOARr> OF EDUCATION— 

Governor, Superintendent of Public Instruc- 
tion, Pri sident of State University, Presi- 
dent of Purdue University Pi esident of State 
Normal School, and the Superintendents of 
Scliools in largest ciies in State, shall consti- 
tute p 44, s 1.53. 

f^uperintendetit of Public Insiruction shall be 
President of this Biard .... p 44, s 1-53. 

Secretaryship and Treasurership to be held by 
one member p 45, s 153. 

Records, etc., to be deposited in office of Su- 
perintendent of Public Instruction p 45, 

sl53. 

Seal of — description p 45, s 153. 

Duties and powers of p 41, ss 132 and 135 ; 

p 45, ss 154 and 155. 

May giant Teachers' licenses, authorizing em- 
ployment in any of the State schools p4o, 

s 155. 

May revoke Teachers' licenses by it granted 
p 45, s I'o. 

Fee for Teachers' licenses. So p 45, s 1.55. 

Compehsathm of members of, other than Gov- 
ernor and Superintendent of Public Instruc- 
tion— So /«-/■ </'>/« and 5 cents mileage, when 
actually employed p 45, s 156. 

Other authorized expenditure-s bv p 46. s 

1.56. 

Compensation of members and authorized ex- 
penditures to be paid out of special fund re- 
ceived for Teachers' licenses p45. s 156. 

Surplus of T-.-achers' license moneys to be used 
in purchasing suitable books for library of 

Superintendent of Public. Insiruction p 

46. s 1.50 

Boaid of Visitors to Slate Normal School {three 
in number) shall be composed of members of 
p76, sl4. 

Compensation of Board of Visitors — $5 pei- diem 
and traveling expt^nses, for services actually 
rendered p 77, s 14. 

STATE NORMAL SCHOOL— 
Established for tlie preparation of teachers for 

the Common Schools of Indiana p 75, s 1. 

Governor shall appoint, subject to the approval 
of the Senate, a Board of Trustees for p 

75, s 2. 

Said Board shall consist of four competent per- 
sons; two of first incumbents shall remain 
in office for two years each, and the other 
two members for the full term of four years ; 
and subsequent appointments shall be' made 

biennially, for the full term of four years 

p 75, ss 2 and 3. 

St ite Superintendent of Public Instruction 
shall be, er officio, a member of said Board 
p75, s2." 

Compensation of members- S5 a day whei; 
actually employed, and traveling expenses 
p 77, s 16. 

Cities and powers of first Board ]ip 75 and 

76. ss4 to 7. 

Said Board shall prescribe the course of study, 
elect the instructors and fix their salaries, 

and regulate the admission of pupils p 

76. s 9. 



ANALYTICAL INDKX. 



STATE NORMAL SCHOOL, continued. 

A Model School, where advanced pupils shall 
be trained in the practice of organizing, 
teaching, and managing schools, shall be or- 
ganized in connection with the Normal 
School p 7G, s 8 

Admission of pupils — Pre-requisite conditions 
p 71), s 10. 

Tuition in, shall be free to all residents of In- 
diana who may be admitted thereto p 76, 

sll. 

Christian morality shall be observed and in- 
culcated, but no religious sectarian teneis 
shall be taught p 76, s 12. 

Said Board shall make biennial reports to the 
General Assembly, and alternate reports to 
the Governor; what such reports shall con- 
tain p 76, s 13. 

A Board oi Visitors, consisting of three mem- 
bers of the State Board of Education, shall 
be chosen annually ; duties and compensa- 
tion of p 76, s 14. 

Normal School Fund shall consist of 815,000, 
taken out of State School Revenue in equal 
semi-annual installments p 77, s It, 

Certificates of proficiency and diplomas may 
be granted to pupils at p 77, s 2. 

Indebtedness existing in 1873 paid offby an 
appropriation p77, s 3. 

Certain current expenses to be met by an an- 
nual appropriation not exceeding $2,000 
p77, s3. 

STATE PRISONS— 
Libraries equal to those distributed to the 
townships shall be allotted to each of the 
p41, sl35. 

STATE SUPERINTENDENT OF PUBLIC 

INSTRUCTION— 
Elected biennially p 2, Const, art. 8, s 8 ; 

S. L. p 38, s 119. 
Term of office, two years p 2, Const, art. 8, 

s 8 ; S. L p 38, s 119. 
Commencement of official term, loth March 

succeeding election p 39, s 120 

Duties and powers p 4, s 3 ; p 34, sl02; p 

36, s 109 ; p 37, ss 114 and 115 ; p 38 ; s 117 ; 

pp 39 to 41, ss 121 to 130 and ss 134 and 135 ; 

p 77, s 15. 
President of State Board of Education p 44, 

sl58. 
Member of Board of Trustees of the State 

Normal School p 75, s 2. 

Appeals from decisions of County Superin- 
tendents will lie to p 27, s 39 ; p 48, s 165. 



See Treasurer of 



STATE TREASURER. 
State. 

SUPERINTENDENTS. See School Superin- 
tendents; State Superintendent of 
Public Instruction. 

TAXES. See School Taxes. 

TEACHERS— 
Must have license to teach p 18, s 28 ; p 20, 

s84. 
State Board of Education may grant licenses to, 

authorizing employment in any of the State 

schools p 45, s 155. 

State Board may revoke licenses granted to 

p 45, s 155.' 

Fee for licenses, granted by State Board, $5 

p 45, s 155. 
Boards of City School Commissioners may 

grant licenses to p 53, s 4, clause 4. 

County Superintendents shall hold monthly 

public examinations of teachers for license 

p 21, s37. 

Of German language may be employed in any- 
public school, if demanded by the parents 

or guardians of twenty-five or more children 

attending thereat p43, s 147. 



TEACHER.'^, continued. 

Licenses granted by County Superintendents- 
may be renewed in sume county, after two 
successive years, without re-ex;tmiiiation of 
teacher p 21, s 34. 

Qualifications of p 20, s 34 

Licenses may be revoked p 21, s 36. 

Dismissal of ; how made, and effect p 18, k 

28 and notes. 

Reports required from teachers of public 
schools .. p 15, s 20. 

Penalty for not making the required report— 
25 per cent, of compensation p 15, s 20. 

Reports required from teachers of private 
schools who may be allowed to use and occu- 
py public school buildings p 46, s 158. 

Employed in township schools must attend 
Teachers' Iustitutes....;.p 26, s "f." 

Aforesaid teachers shall forf-it a day's wages 
for each day's absence from Teachers' Insti- 
tutes, unless sickness shall be cause of such 
absence p 26, s 'f." 

Patrons of schools who shall upbraid or insult 
teachers shall be liable to a fine of not more 
than 125 p47, s 152. 

Reports required from teachers of private 

schools held in public school houses p 46, 

sl58. 

State Normal School— Object of, the pre- 
paration of teachers for the Common Schools 
of Indiana p 75, s 1 

Same. — Pre-requisite conditions for admission 
to p76, sio. 

Same. — Certificates of proficiency and diplo- 
mas granted by shall be considered sufficient 
evidence of qualification to teach in any 
school in this State p 77, s 2. 

TEACHERS' INSTITUTES— 

In Counties — Shall be held anjiually p 47, 

sll. 

iSame.— Session shall be of five days duration 
p 47, s 159. 

(Same.- If the average attendance of teachers 
and of persons preparing to become such be 
twenty-five, the County Auditor shall diaw 
his warrant in favor of the County Superin- 
tendent in the sum of |35 ; and if such aver- 
age attendance be forty, the amount of said 
warrant shall be $50 ; to be used in defraying 
the expenses of the Institute p 47, s 159. 

5a(He.— Schools of the county shall be closed 
during the session of p 47, s 160. 

In Townships — Shall be held at least one Sat- 
urday in each month; at the discretion of 
the Township Trustee, two Saturdays in each 
month may be appropriated p 26, s "f " 

Same. — Teachers in township schools shall lie 
compelled, by their contracts, to attend the 
full session of each Institute, or forfeit one 
day's wages for each day's absence there- 
from, except in eases of sickness p26, "f."' 

TEXT BOOKS— 

Used in city schools, shall be determined and 
fixed by the School Trustees or School Com- 
missioners having control of such schools 
p 25, s " e." 

Used in other than city schools, shall be de- 
termined and fixed by County Board of Ed- 
ucation p 25, s " e." 

Adopted by County Board of Education, shall 
not be changed within six years of such adop- 
tion, except by unanimous vote of such 
Board p 26, s "e." 

TOWNS— 

Declared distinct municipal corporations lor 
school purposes p 4, s 4. 

General school system for p 5, s 5. 

Public Libraries— How established, etc., by 

private enterprise pp57 and 58, ss 1 to 12 ,;, 

p 59, ss 2 to 6 ; pp 61 and 62, ss 1 to 4. 

School Boards [See School Trustees.] 



SVl 



SCHOOL LAWS OF INDIANA. 



TOWN SCHOOL SUPERINTENDENTS. 
School Supebintex dents. 



TOWN SCHOOL TRUSTEES. 
Trustees. 



See School 



TOWNSHIPS— 

Civil Townships are declared distinct munici- 
pal corporations for school purposes p 4, 

s4. 
Same. — Lines of shall be made to conform to 
lines of Congressional townships as far as 
practicable p 43, s 148. 



TOWNSHIP LIBEARIES. 
JtlES. 



See PfBLic LiBRA- 



TOWNSHIP SCHOOLS. See .School Districts ; 
Township Trustees. 

TOWNSHIP TRUSTEES— 

Shall be Trustee of all schools iu township, 
with the exception of those located in cities 
and incorporated towns p .^, s 4. 

Duties and powers of, as School Trustees 

[S,e under School Trustees, and on page 
xiv of this Index.] 

Duiies and powers of, as to public schools 

[See under School Districts, on p xi of this 
Index ] 

Duties and powers of, as to school property 

[See under School Houses, on p xii of this 
Index] 

Duties and powers of, concerning teachers 

[See under Teachers, on p xv of this Index.] 

Duties and powers of, as to Township Libra- 
ries [See Public Libraries, under sub- 
heading of "In Townships," on p x of this 
Index ] 

Shall have the care and management of the 
Congressional Township School Lands located 

in or attached to civil townships p9,s 10; 

p 26, ss 4t and 45 ; p 27, ss 46 to 53 ; p 28, s 
65; p 30, s73; p 1-\ s 1. 

Shall make eauuierations of children of school 

.ige [See under " Enumerations," on p 

ix of this Index] 

St;i;i»tie:ii reports required from, concerning 
p l%.><s21 and 22. 

Penalties assessed against, for not discharging 
certain duties in connection with the public 
scliouls p 16, ss 2-i to 24 ; p 2:<, s 4<i. 

Authorized and empowered iosel«ct, to have 
appraised, a!.d to appropriate by purchase, 
such real estite as may be necessary for 
school piirijoses p 63, ss 1 to 4. 



] TOWNSHIP TRUSTEES, continued. 
I Shall felectCounlySuperlutendents of Schools, 
i on first Monday in June, annually ; and 

I shall fill vacancies in such ofiiee, from time 

to time, by like elections pp 19 and 20, 

s33. 

Shall be members of County Boards of Educa- 
tion p 25, 8 " e '' 

Books, papers, and accounts of, relative to 
schools, shall be subject, at all times, to in- 
spection by County Superintendents, County 
Auditors, and County Commis.«ioners of 

their respective counties p 42, s 1*1 ; p 43, 

sl42. 

May be removed from office, if found guilty of 
fraud in school duties p 43, sl43. 

Process in suits against p 43, ss 144 and 146, 

Appeals from decisions of School Directors will 

lie to Township Trustees p 19, s 32. 

I Appeals from decisions of Township Trustees 

will lie to County Superintendents p 48, 

sl64. 

School Revenues [As to the relation of Town- 
ship Trustees to, see under School Rev- 
enues, on page xiii of this Index.] 

School Taxes [As to the relation of Town- 
ship Trustees, see under " School Taxes," 
on page xiii of this Index. ] 

An Act to limit the ]>ower of Township Trustees 
in incurring Debts, and requiring him to 
designate certain days for transacting Town- 
ship Business p 79. 

TRANSFERS FOR SCHOOL PURPOSES— 
How made ; tit'? etfect thereof; and reports of 
same pp 11 to 14, ss 13 to 17. 

TREASURER OF STATE— 
Schojl revenue for tuition ; how settleni with 

the counties p 38, ss 116 and 117; p 41, 

sl33. 

TREASURERS. See County Treasurers; 
Treasurer of State. 

TRUSTEES. See School Trustees; Town- 
ship Trustees. 

WOMEN— 

Of legal age, if possessing the qualifications 
required of men, mav be appointed or elected 
and serve in any office under the general or 
special school laws of the State p 79, s 1. 

Required to givn satislactory official bonds be- 
fore entering upon the duties of such offices 
p 79, s 2. 



CONSTITUTION OF INDIANA. 



[The following are the provisions of the Constitution relative to CcmmoEp 
Schools : ] 

ARTICLE VIII. — EDUCATION. 

Section 1. Knowledge and learniug generally diffused through- 
©ut a community being essential to the preservation of a free gov- 
ernment, it shall be the duty of the General Assembly to encourage, 
by all suitable means, moral, intellectual, scientific, and agricultural 
improvement, and to provide by law for a general and uniform sys- 
tem of common schools, wherein tuition shall be without charge 
and equally open to all. 

Sec. 2. The Common School Fund shall consist of the Con- 
gressional Township Fund, and the lands belonging thereto ; 

The Surplus Revenue Fund; 

The Saline Fund, and the lands belonging thereto; 

The Bank Tax Fund, and the Fund arising from the 114th sec- 
tion of the Charter of the State Bank of Indiana ; 

The fund to be derived from the sale of county seminaries, and 
the moneys and property heretofore held for such seminaries ; from 
the fines assessed for breaches of the penal laws of the State, and 
from all forfeitures which may accrue ; 

All lands and other estate which shall escheat to the State for 
want of heirs or kindred entitled to the inheritance; 

All lands which have been or may hereafter be granted to the 
State when no special purpose is expressed in the grant, and the 
proceeds of the sales thereof, including the proceeds of the sales of" 
the swamp lands granted to the State of Indiana By the Act of Con- 
gress of the 28th of September, 1850, after deducting the expense 
of selecting and draining the same; 

Taxes on the property of corporations that may be assessed by 
the General Assembly for Common School purposes. 

Sec. 3. The principal of the Common School Fund shall remain 
a perpetual fund, which may be increased, but shall never be dimin- 
ished; and the income thereof shall be inviolably appropriated to- 
the support of Common Schools and to no other purpose whatever. 
1 



2 , CONSTITUTION OF INDIANA. 

Sec. 4. The General Assembly shall invest, in some safe and 
profitable manner, all such portions of the Common School Fund 
:as have not heretofore been entrusted to the several counties, and 
;shall make provision, by law, for the distribution among the several 
•counties of the interest thereof. 

Sec. 5. If any county shall fail to demand its proportion of such 
interest, for Common School purposes, the same shall be reinvested 
ibr the benefit of such county. 

Sec. 6. The several counties shall be held liable for the pre- 
servation of so much of said fund as may be entrusted to them, and 
for the payment of the annual interest thereon. 

Sec. 7. All trust funds held by the State shall remain inviolate 
and be faithfully and exclusively applied, to the purposes for which 
the trust was created. 

Sec. 8. The General Assembly shall provide for the election, 
by the voters of the State, of a State Superintendent of Public In- 
struction, who shall hold his office for two years, and whose duties 
and compensation shall be prescribed by law. 



SCHOOL LAWS OF INDIANA. 



GENERAL PROVISIONS. 



[When not otherwise stated, the various sections of the following law were 
lenacted in 1865, under the following title :] 

"^'AN ACT to provide for a general aystem of Common Schools, the Officers thereof, 
and their respective Powers and Duties, and matters properly connected there- 
with ; and prescribing the Fees for certain Officers therein named ; and for the 
establishment and regulation of Township Libraries ; and to repeal all Laws 
-inconsistent therewith; providing Penalties therein prescribed," approved 
March 6, 1865. 

Section 1. Be it enacted by .the General Assembly of the State 
•of Indiana, That there shall be annually assessed and collected, as 
State and county revenues are assessed and collected, sixteen cents 
on each one hundred dollars of taxable property, real and personal, 
in the State, and fifty cents on each taxable poll, for the purpose of 
supporting a general system of Common Schools. 

Sec. 2. The funds heretofore known and designated as the 
Surplus Revenue Funds, all funds heretofore appropriated to Com- 
mon Schools, the Saline Fund, the Bank [tax] Fund, the fund which 
has been derived or may be derived from the sale of county semin- 
aries and the property belonging thereto, the moneys and property 
heretofore held for such seminaries, all fines assessed for breaches of 
1;he penal laws of the State, all forfeitures which may accrue, all 
lands and other estate which shall escheat to the State for want of 
heirs or kindred entitled to the inheritance thereof, all lands which 
have been granted, or may be granted hereafter, to the State, when 
no special object is expressed in the grant, the proceeds of the sales 
•of the swamp lands granted to the State of Indiana by the Act of 
Congress of September, 1850, the taxes which may be assessed 
from time to time upon the property of corporations for Common 
School purposes, the fund arising from the 114th section of the 
-charter of the State Bank of Indiana, shall be denominated the 
Common School Fund ; and the fund derived from the sale of Con- 
gressional Township School Lands, and the unsold Congressional 



4 SCHOOL LAWS OF INDIANA. 

Township School Land, at the reasonable value thereof, shall be 
denominated the "Congressional Township School Fund," and shall 
never be diminished in amount, the income of which, together with 
the taxes mentioned and specified in the first section of this Act, the 
money and income derived from licenses for the sale of intoxicating 
liquors, and unclaimed fees, as provided by law, shall be denom- 
inated the School Revenue for Tuition, the whole of which is hereby 
appropriated, and shall be applied exclusively to furnishing tuition 
to the Common Schools of the State, without any deduction for the 
expense of collection or disbursement. 

Note. — All the various funds mentioned in this section, with the exception ef the 
Congressional Township Fund, haye been both in law and in fact consolidated into 
one productive fund and denominated the Common School Fund. Money arising 
from the sale of estrays and property adrift is a part of the Common School Fund, 
and should be so reported by County Commissioners. The School Fund of Indiana 
is divided into two parts, Common and Congressional, and can not be consolidated 
without the consent of Congress. Such consolidation would greatly simplify the 
operations of the system. 

Sec. 3. The several counties of this State shall be held liable for 
the preservation of so much of said fund as is entrusted or may 
have been entrusted to them, and for the payment of the annual 
interest thereon, at the rate established by law, the payment of 
which interest shall be full and complete every year, and shall so 
appear in the Auditor's report to the Superintendent of Public 
Instruction ; and the said Superintendent shall, at any time, when 
he discovers, from the report, or otherwise, that there is a deficit in. 
the amount collected, for want of prompt collection, or otherwise,, 
direct the attention of the Board of County Commissioners and the 
County Auditor to the fact, and said Board of Commissioners are 
hereby authorized and required to provide for such deficit in their 
respective counties. 

Notes. — The provision of this section, that counties shall be liable for the preser- 
vation of the School Funds entrusted to them, and for the payment of the annual 
interest thereon, is copied almost verbatim from the Constitution, Art. 8, Sec. 6. 

The provision requiring the payment of interest to be full and complete every 
year, is intended to enforce this requirement of the Constitution. In some cases,^. 
the counties fail to make this complete annual payment, owing, no doubt, to the 
failure of the Commissioners to notice the provisions of this section, authorizing arid 
requiring them to provide for any deficiency. Particular attention is called to this matter,, 
with the suggestion to Commissioners that they make an annual appropriation to 
meet any delinquency in payment of interest, and that they require the Auditor and 
Treasurer promptly, as provided by law, to collect all delinquent school fund and 
interest by sale of the mortgaged premises. By this means, Commissioners will be 
able to meet the demands of the law, requiring the payment of interest to be full and 
complete every year, and to save their counties from even temporary inconvenience. 

All new loans, renewals, and old loans continued without renewal, must bear 
eight per cent interest from the 8th of March, 1873; and the annual settlement 
contemplated in this section between the diflerent counties and the office of Super- 
intendent of Public Instruction must be full and complete on the first day of Jan- 
aary in each year. 

Sec, 4'. Each civil township and each incorporated town or city 
in the several counties of the State is hereby declared a distinct 
municipal corporation for school purposes, by the name and style of 



GENERAL PROVISIONS. 5 

the civil township, town, or city corporation respectively, and by 
such name may contract and be contracted with, sue and be sued in 
any court having competent jurisdiction; and the Trustee of such 
township, and the Trustees provided for in the next section of this 
Act, shall, for their township, town, or city, be School Trustees, and 
perform the duties of Clerk and Treasurer for school purposes. 

Notes. — Cities and incorporated towns are, for school purposes, distinct corpora- 
tions from the townships in which they are situated. The Township Trustee has, 
therefore, no authority to control the public schools of a city or town situated in his 
township. The failure of a town or city to organize for school purposes, as pro- 
vided in Sec. 5, does not authorize the Township Trustee to assume the manage- 
ment of schools in such city or town. 

School Trustees of cities and incorporated towns must reside in their respective 
towns and cities. 

When a town incorporates, it should appoint School Trustees immediately ; and 
when it incorporates subsequent to the time of taking the enumeration of the children 
and the levy of the special and local tuition taxes, the School Trustees and the 
Township Trustee should agree upon an equitable division of the revenues. 

The tuition revenue furnished by the State should be divided between the town 
and township in proportion to the number of schoolchildren in each, and the special 
and local tuition taxes should be divided in the ratio of their comparative wealth 
and poll. 

Sec. 5.*^ The Common Council of each city, and the Board of 
Trustees of each incorporated town of this State, shall, at their 
first regular meeting in the month of June, elect three School 
Trustees, who shall hold their office one, two, and three years 
respectively, as said Trustees shall determine by lot at the time of 
their organization; and annually thereafter shall elect one School 
Trustee, who shall hold his office for three years. Said Trustees 
shall constitute the School Board of the city or town ; and, before 
entering upon the duties of their office", shall take an oath faithfully 
to discharge the duties of the same. They shall meet within five 
days after their election, and organize by electing one of their 
number president, one secretary, and one treasurer. The treasurer, 
before entering upon the duties of his office, shall execute a bond, to 
the acceptance of the County Auditor, conditioned as in ordinary 
official bonds, with at least two sufficient freehold sureties, who shall 
not be members of said Board, in a sum not less than double the 
amount of money which may come into his hands, within any one 
year, by virtue of his office. The president and secretary shall 
each give bond with like sureties, to be approved by the County 
Auditor, in any sum not less than one-third of the treasurer's 
bor.d. All vacancies that may occur in said Board of School Trus- 
tees shall be filled by the Common Council of the city or Board of 
Trustees of the town, but such election to fill a vacancy shall only 
be for the unexpired term. The Board of School Trustees shall 
each year, within five days after the annual election of a member, 
re-organize their Board and execute their respective bonds for the 
ensuing year. Said Trustees shall receive for their services such 

♦As amended March 8, 1873, and March 12, 1875. 



6 SCHOOL LAWS OF INDIANA. 

compensation as the Common Council of the city or the Board of 
Trustees of the town may deem just, which compensation shall be 
paid from the special school revenue of the city or town. 

Sec. 6. The County Auditor, in fixing the penalty and approv- 
ing and accepting the bonds of any such Trustees, shall see to their 
sufficiency to secure the school revenues which may come into their 
hands, as well as the ordinary township or other revenues; and in 
case of a vacancy in the office of Trustee, the County Auditor shall 
appoint a person to fill the same, who shall take an oath and give 
bond as required in the last preceding section; and said Auditor 
shall report to the Superintendent of Public Instruction the name 
and post-office address of each Trustee. 

Note. — Concerning terms of office and vacancies, as contemplated in sections 5 
and 6, it is held, First, that Trustees hold their office until their successors are 
elected and qualified. — (See Constitution, Art. 15, Sec. 3.) Second, that in case no 
election takes place at the time designated, no vacancy occurs, but the incumbent or 
incumbents continue in office. This latter has been decided by the Supreme Court, 
in words as follows : " When the term of an office is prescribed to be for a given 
term, and until the successor shall be elected and qualified, the officer holds after 
the expiration of the term, and until he is regularly superseded by the election of 
another in his place." — (Stewart and another vs. The State, 4 Ind., 396.) 

Sec. 7.* The School Trustees of every township, incorporated 
town, or city, shall receive the special school revenue belonging 
thereto, and the revenue for tuition which may be apportioned to 
his township, town, or city, by the State, for tuition or the common 
schools, and shall pay out the same for the purpose for which such 
revenues were collected and appropriated. Such Trustees shall keep 
accurate accounts of the receipts and expenditures of such revenues, 
and shall render to the County Commissioners, annually, on the first 
Monday after the second Tuesday in October, and as much oftener 
as they may require, a report thereof in writing, for the year then 
ending. Said Board of Commissioners shall hold a session on said 
Monday, to receive said reports. They shall clearly and separately 
state : 

First. The amount of special school revenue, and of school reve- 
nue for tuition, on hand at the commencement of the year then 
ending. 

Second. The amount of each kind of revenue received within the 
year, giving the amount of tuition revenue received at each semi- 
annual apportionment thereof. 

Third. The amount of each kind of revenue paid out and expended 
within the year. 

Fourth. The amount of each kind of revenue on hand at the date 
of said report, to be carried to the now [new] account, and shall, 
with said report, present and file a detailed account-current of the 
receipts and payments for the year, and support the same by proper 
vouchers, which report and account-current shall each be duly veri- 

♦As amended March 8, 1873. 



GENEEAL PEOVISIONS. T 

fied by affidavit; and when the said County Commissioners are- 
satisfied that said report is full, accurate, and right in all respects, 
and that said account is just and true, they shall allow and pass the 
same, which shall have the effect to credit the Trustee for the expend- 
itures. A copy of said report, as passed and allowed by the County 
Commissioners, shall, within ten days after its date, be filed by the 
Trustee with the County Superintendent of the county. And upon 
failure of the Trustee to discharge any of the duties required of 
him, relative to schools and school revenues, the Board of County 
Commissioners shall cause suit to be instituted against him, on his 
official bond, and, in case of recovery against him, the court render- 
ing the judgment shall assess upon the amount thereof ten per 
cent, damages, to be included in said judgment. 

Notes. — Trustees should keep separate accounts of the Special School Ke venue 
and Common School Eevenue for Tuition. These accounts should be kept in a sub- 
stantially bound book, and should show the date and amount of each receipt ox~ 
expenditure of such revenues, the name of the person of whom received, or t6 whom 
paid, and, in case of a payment, the purpose for which it was made, and the num- 
ber of the voucher taken for such payment. Were accounts thus kept, and the 
books containing them delivered by each Trustee to his successor in office, the diffi- 
culty which now exists of ascertaining the exact annual expenditure of school rev- 
enues would not exist. 

County Superintendents are advised to inspect the accounts of Trustees (see Sec 
141), and secure, as far as practicable, conformity to the above suggestions. 

Sec. 8. The Trustees shall keep a record of their proceedings: 
relative to the schools, including all orders and allowances on 
account thereof; including, also, accounts of all receipts and expendi- 
tures of school revenue, distinguishing between the special school 
revenue belonging to their township, town, or city, and the school 
revenue for tuition which belongs to the State, and by it appor- 
tioned to their township, town, or city, which said revenue for 
tuition they shall not permit to be expended for any other purpose,, 
nor even for that purpose in advance of its apportionment to their 
respective corporations. 

Notes. — A Township Board can speak only by its record. — (Commissioners Fay- 
ette County vs. Chitwood, 8 Ind., 504.) 

If this decision is applicable under the present system of one Trustee to each: 
township (and it is presumed to be applicable, the language of the present law being- 
almost identical with that of the statute under which the decision was made), then, 
it is not only proper, but necessary, that the Trustee should record every official 
act he performs ; otherwise there would be a lack of essential evidence of such 
act, if denial of its performance be made. For convenience, the Trustee should 
record his proceedings relative to schools in a separate book kept for that purpose. 

The Supreme Court in the case of " Harney vs. Wooden, and another," has deci- 
ded as follows in reference to anticipating the school revenues : "It plainly appears 
that the only portion of the School Fund which the School Trustees may not, by the 
express provisions of the law, expend in anticipation, is that which must be appor- 
tioned. The reason for this restriction is equally clear. Until the apportionment 
is made, the amount due lo the district can not, with any accuracy, be determined. 
But this is not so with the special school tax levied by the township, and therefore 
no such limitation of power is imposed." — (30 Ind., 178.) 

Sec. 9. The Township Trustees and the School Trustees of 
incorporated towns and cities shall, immediately after their annual. 



^ SCHOOL LAWS OF INDIANA. 

settlements with the County Commissioners, in March [October], 
make a full statement of all their receipts and expenditures, for the 
year preceding, relative to their schools. 

Note. — Section 11 of an A.ct for the more uniform method of doing township 
business provides that within ten days after his annual report to the County Com- 
missioners, in March, the Trustee shall publish the same by posting up a certified 
copy thereof at the place or places of holding elections. Section 9 of the School 
Law requires that a full statement of the receipts and expenditures relative to 
schools shall be made, by which it is probably intended that separate reports relative 
to receipts and expenditures of school revenue shall be published at the same time, 
and in like manner. Publication in a newspaper, when practicable, would be 
preferable. 

The publication provided for in this section will be made immediately after the 
report to the County Commissioners in October, as provided for in section 7. 

Sec. 10. The Trustees shall take charge of the educational affairs 
of their respective townships, towns, and cities; employ teachers; 
and shall establish and locate, conveniently, a sufficient number of 
schools for the education of the white children therein ; and build, 
or otherwise provide, suitable houses, furniture, apparatus, and 
■other articles and educational appliances necessary for the thorough 
organization and efficient management of said schools. They may 
also establish graded schools, or such modifications of them as may 
foe practicable ; and provide for admission into the higher depart- 
ments of the graded school, from the primary schools of their 
townships, such pupils as are sufficiently advanced for such admis- 
sion. They shall have the care and management of all property, 
real and personal, belonging to their respective corporations for 
Common School purposes, except the Congressional Township 
School Lands, which lands shall be under the care and management 
of the Trustee of the civil township to which such lands belong. 

Notes. — The provisions of this section are so broad that it seems necessary to 
call attention to several points : 

1. Buks and Regulations. — This section authorizes Trustees to make and 
enforce, or cause to be enforced, all rules and regulations for the management of the 
schools, not transcending the provisions of the law. Though not expressed, this 
power clearly belongs to the Trustee, and should be properly exercised in every 
school, the voice of individuals or school meetings to the contrary notwithstanding. 
Anything less than this will not meet the requirements of the law, nor secure the 
highest efficiency of the schools 

The above statements are not to be so construed as to deny the rights of the teacher 
to make rules. The teacher may, indeed must, make some rules, but these rules 
must be in harmony with the rules of the Trustee. Teachers and Trustees should 
iully understand one another in this important and often delicate matter; and, so far 
as practicable, all important rules should receive a joint approval. If, however, a 
Trustee shall decline or neglect to prescribe any regulations, then it is his duty to 
assign that work to the teacher, and explicitly inform the teacher of the fact. There 
should be no loose inferences or conjectures at this point. Each party should know 
his exact duty, and aim at a strict discharge of the same. 

2. Graded /Schools. — The law clearly authorizes the establishment of graded 
achools, but leaves the Trustee to determine what a graded school is, when it m 
needed and where it must be located, also many other details. 

Concerning these, it may be remarked : 1st, That a graded school is a school in 
Tvhich the pupils are plactsd in different rooms and under different teachers, accord- 
ing to advancement. Consequently, the greater the number of rooms and teachera 



>■ 



GENERAL PROVISIONS. 9 

' for any given school, the more favorable the means for perfect grading. From this 
it will be seen that a graded school, as contemplated in the above section, can not 
exist with less than two teachers. With one, the school may be classified, but not 
graded. Trustees will, therefore, have regard to this element when they put up 
buildings designed for graded schools. 2d, As to the time when a graded school 
should be established for any given township, no definite directions can be given. 
There are too many local elements to admit of any special directions. It is, how 
ever, safe to say that whenever there are pupils in the township whose advancement 
is such that the district schools can not furnish them instruction, at that moment 
begins the need of a township graded school, furnishing instruction of a higher grade. 
The Trustee mu^, however, be satisfied that the number of such pupils is sufficient 

■ to justify the establishment of such a school before providing the same. 3d, As to 
place, I would suggest that, whenever practicable, the township graded school should 
be established in connection with a district school, thus economizing in building, 
perhaps in teaching, also furnishing the means of a more thorough grading in at 
least one primary school in the township. It is suggested, further, that a village, 

; if centrally located, is usually a favorable place for the township school. 

.3. Gave of School Property. — This section very explicitly commits the care 
and management of all school property to School and Township Trustees. I respect- 
fully suggest the following, among other means, tending to the preservation of this 
property : 1st. In employing teachers, the Trustee should bind them by contract 
to a strict care of all school property under their charge. (Teachers can do much 
in this matter by direct supervision, and perhaps more by the inculcation of proper 
sentiments in the minds of their pupils.) 2d. Sec. 30 of the law provides that the 
Director shall, under the general order and concurrence of the Trustee, take charge 
of the school-house and the property belonging thereto. This may be made an effi- 
cient means in the preservation of this property. To this end, however, the Trustee 
and Director should distinctly understand each other, each knowing definitely the 
portion of this work which falls to him. This can only be done by conference ; 
hence it is suggested that Trustees occasionally call the Directors together for con- 
sultation on this and other school matters. This done, each officer will understand 
the exact duties assigned him, and, it is hoped, will hold himself responsible for the 
prompt and full discharge of the same, especially so in reference to the care and 
preservation of school property. 

4. Congressional Linis. — Congressional Township School Lands are under the 
' care and management of the School Trustee of the civil township to which they 
belong. When a congressional township is divided by a civil township line, the 
lands are under the care of the Trustee of the civil township in which they are sit- 
uated. When the lands themselves are divided by a county or civil township line, or 
when other lands have been substituted for the sixteenth section, the voters of the 
congressional township shall designate the Trustee whom they wish to have charge 
of the lands, said Trustee being the Trustee of one of the civil townships in which 
a portion of the land lies. 

5. Supreme Court Deci-dons. — It is for the Trustees to determine when school- 
iiouses are necessary and convenient. — (Custer vs. Brownsville Township, 10 Ind., 
461.) 

The action of the Trustee in such cases is subject to appeal to the County Super- 
lintendent, whose decision is final. 

It would appear from the decision of an analogous question, in the case of the 
State vs. Custer, 11 Ind., 210, that if a Trustee refuse to comply with the decisions of 

■ the County Superintendent in case of an appeal, when the decision of that officer is 
final, a mandamus is the proper means to compel compliance. 

.Supplemental Section. 

Sec. a.* The School Trustees of incorporated towns and cities 
r shall have power to employ a Superintendent for their schools, 
whose salary shall be paid from the special school revenue, and to 
prescribe his duties and to direct the discharge of the same. 

♦Approved March 8, 1873. 



10 SCHOOL LAWS OF INDIANA. 

Note. — The efficiency of the schools in cities and towns will be greatly promo- 
ted by the employment of skillful Superintendents. 

Suppleme'ritcd Section. 

Sec. b.* The School Trustees of two or more distinct municipal 
corporations for school purposes shall have power to establish joint- 
graded schools, or such modifications of them as may be practicable^ 
and provide for their admission into the higher departments of their- 
graded schools from the primary schools of their corporations such 
pupils as are sufficiently advanced for such admission. Said Trustees 
shall have the care and management of such graded schools, and 
they shall select the teachers therefor. They shall have power to 
purchase suitable grounds for such graded schools and erect suitable- 
buildings thereon, and the title to all such property acquired for- 
such purposes shall vest jointly in the corporations establishing^ 
the graded schools. 

Note. — A municipal corporation for school purposes is defined in section 4 of 
the Act of 1865, approved March 6. 

Sec. 11. All schools in a township shall be taught an equal 

length of time, as nearly as the same can be done, without regard 

to the diversity in the number of pupils at the several schools, or 

the cost of the school ; and each of said schools shall be numbered, 

by the proper Trustee as School No. — . 

Note. — The Trustee should not make a division of the revenues to the districts-- 
of his township, to be expended by them. The schools should be equal, not in the 
amount of money expended upon them, but in the number of days taught. 

Sec. 12.t The Trustees of the several townships, towns, and 
cities, shall have the power to levy a special tax, in their respective- 
townships, towns, or cities, for the construction, renting, or repairing; 
of school-houses ; providing furniture, school apparatus, and fuel 
therefor; and for the payment of other necessary expenses of the 
school, except tuition; but no tax shall exceed the sum of fifty 
cents on each one hundred dollars' worth of taxable property and 
one dollar on each poll, in any one year, and the income from said 
tax shall be denominated the special school revenue. And any tax- 
payer who may choose to pay to the Treasurer of the township, town^. 
or city wherein said taxpayer has property liable to taxation, any- 
amount of money, or furnish building material for the construction 
of school-houses, or furniture or fuel therefor, shall be entitled to a 
receipt therefor from the Tru.stee of said township, town, or city^. 
which shall exempt such taxpayer from any further taxes for said 
purposes, until the taxes of said taxpayer, levied for such purposes, 
would, if not thus paid, amount to the sum or value of the materials 
so furnished, or amount so paid: Provided, That said building 
materials, or furniture and fuel, shall be received at the option of 
said Trustee. 

♦Approved March 8, 1873. 
■fAs amended M;arch 8, 1873. 



GENERAL PROVISIONS. 11- 

NoTES. — The power to levy a special school tax must be exercised strictly 
within the statutory limits. — (Eose vs. Bath Township, 10 Ind., 18.) _ 

The power of Trustees to levy a special school tax is not now, as it was formerly, 
subject to the control of County Commissioners. 

Trustees are authorized, but not required, to receive donations of money or 
material for building or furnishing school-houses, or of fuel for the use of schools. 
Such a donation being received, the Trustee can not refuse to receipt therefor, as 
provided in this section, unless by express waiver of receipt. 

Sec. 13. The County Auditor shall, upon the property and polls 
liable to taxation for State and county purposes, make the proper 
assessments of special school tax levied by the Trustee, in the same 
manner as for State and county revenue, and shall set down the 
amount of said tax on his tax list and duplicate thereof, as other 
taxes are set down, in appropriate columns ; and he shall extend said 
assessment to the taxable property of the person transferred, which 
is situated in the township, town, or city to which the transfer is 
made, and to the property and poll of the person transferred, situate 
in the township, town, or city in which the person taxed resides, 
according to the rate and levy thereof in the township, town, or city 
to which the transfer is made, and for its use ; and said tax shall be 
collected by the County Treasurer as other taxes are collected, and 
shall be paid, when collected, to the Treasurer for school purposes of 
the proper township, town, or city, upon the warrant of the County 
Auditor. And to enable County Auditors correctly to assess said tax, 
the School Examiners [County Superintendents] of the several 
counties shall, at the time they make out and report to the Auditor 
the basis of the apportionment of School Revenue for Tuition, as 
required by section 42 of this Act, make out and report to said 
Auditor a statement of transfers which have been made for school 
purposes according to sections 14 and 16 of this Act. 

JNoTES. — When persons are transferred for school purposes, their property- 
situate in the township in which they reside is subject to a special school tax in the 
township to which they are transferred, and exempt from such tax in the township 
in which it is situate. 

The additional labor required of the Auditor by a transfer is simply to enter the- 
name of the party transferred and the value of his property situate in the township- 
in which he resides upon the tax duplicate of the township to which the transfer is- 
made, and assess upon such property the proper special school tax. All other- 
property of the party transferred is subject to special school tax in the township- 
where it is situate. 

County Superintendents, in making the statement of transfers required by this^ 
section, should state distinctly the names of the parties transferred, the township in 
which each resides, and the township to which transferred. Nothing'short of this 
will enable the Auditor properly to assess the special school tax required. 

Sec. 14.* The Trustees of the several townships, towns, and 
cities, shall, between the first of March and the first of May in eack 
year, make an enumeration of the children, white and colored,,, 
within their respective townships, towns, and cities, between the 
ages of six and twenty-one years, exclusive of married persons; 
and in making said enumeration, the Trustees shall distinguish be- 

•Ab amended March 8, 1873. 



12 SCHOOL, LAWS OF INDIANA. 

tween the white and colored children, enumerating them in separate 
lists, and shall list the names of parents, guardians, or heads of 
families, male and female, having charge of such children ; and 
opposite each name, in appropriate columns, he shall enter the whole 
number of such children in charge of the person so named, speci- 
fying particularly, the number of males, the number of females, the 
number of the school to which such person is attached for school 
purposes, and the number and initials which designate the congress- 
ional township in which such person resides, including in said list 
and enumeration, the names of such persons as have been trans- 
ferred to his township, town, or city, from other townships, towns, 
or cities, and the enumeration of their children; and excluding 
therefrom the names and number of children of such persons as 
have been transferred from his township, town, or city, to other 
townships, towns, or cities. And each Township Trustee, upon 
making the first enumeration after the taking effect of this Act, shall 
inquire of each person whose name he so lists, to which school he 
or she desires to be attached ; and such persons, upon making their 
-selection, shall be considered as forming the school-district of the 
:school selected, and none shall be allowed thereafter to attach them- 
selves to, or have the privilege of, any other school but by the con- 
sent of the Trustee, for good cause shown. And at subsequent 
enumerations, the same inquiry shall be made by the Trustee of the 
parent, guardian, or head of family, having charge of children 
between the ages aforesaid, whose residence has been changed, or 
whose children have become subject to be enumerated for the first 
lime since the last enumeration. And in case a change in the loca- 
tion of a school in the township has been made since the last enu- 
meration, the Trustee shall make the same inquiry of the persons, 
whose school privileges are affected by such change. But such 
-inquiries need not be made by the Trustee of incorporated towns 
and cities when they take their enumerations. The persons listed 
in each of such towns and cities shall be considered as forming but 
single school-districts therein, distinct from the townships in which 
they are situated. 

?^ Notes. — While this section declares that the privileges of the school shall be 
limited to such persons as were attached to the school at the time of the enumera- 
tion, it must not be so construed as to exclude persons who move into a district 
after the enumeration. Such a construction would, in many cases, work serious 
detriment. 

The children who reside, or are domiciled in the township in which the enumer- 
ation is made, are alone entitled to the benefit of the common schools therein estab- 
lished.— (Wheeler and others vs. Burrows, 18 Ind., 15.) As a general rule, the 
domicile of a minor not emancipated Ls that of his parents. — {Ibid.) In this case, 
the infant, whose right came in question, had her domicile without the State ; but 
the doctrine of the case seems broad enough to have excluded her from the schools, 
■had her domicile been in another township of this State than that in which she 
claimed the right to attend school. 

Trustees, in taking the enumeration contemplated in this section, need not inquire 
.Qf parents, guardians, or heads of families, previously listed, to which school they 
^desire to send, but only of those not heretofore listed, or who have changed resi- 



GEIiTEIlAL PROVISIONS. 13 

debeeg sinfee the last enumeration, or ■whose school privileges have been aflfected hj 
a change in the location of a school. 

Sec. 15. Repealed by Act approved March 8, 1873. 

Sec. 16. When persons can be better accommodated at the 
school of an adjoining township, or of any incorporated town or city, 
the Trustee of the town or city in which such persons reside, shall, 
if such person so request, at the time of making the enumeration, 
transfer them, for educational purposes, to such township, town, or 
city, and notify the Trustee of such transfer; which notice shall 
furnish the enumeration of the children of the persons so transferred.. 
And each Trustee shall, with his report of the enumeration, report 
distinctly the persons transferred to his township, town, or city, for 
school purposes ; indicating in said report the number of children 
in charge of the persons transferred, with the same particularity 
that is observed in the enumeration. 

Notes. — The notice of transfers must furnish' the enumeration of the children 
of the persons transferred. Such notice, therefore, must show the name of the 
party transferred, the number of children in his charge, distinguishing between 
male and female ; also designating hj number and range the congressional town- 
ship in which such party resides. 

The law authorizes transfers only at the time of the enumeration. 

Notice of transfers should be given before the first day of May, in order that the 
Trustee may be able to include the names of parties transferred in his list and 
enumeration, as required by section 14. 

For the convenience of the County Superintendent, each Trustee should, at the 
time of making his report of enumeration, make a separate report of all transfers 
to his township with the same particularity required in taking the enumeration. 

" The right to be transferred is not absolute, depending upon the choice of the 
citizen, like the right to be attached to any school in his township. It can only be 
claimed if he ' can be better accommodated '" by such transfer ; and the power of the 
Trustee to make the transfer depends upon the existence of that condition. Of 
necessity, then, he must determine whether or not the condition exists, and act upon 
such determination. But his decision is not final. Section 164 of the Act expressly 
provides for an appeal to the Examiner from all decisions of the Trustee relative 
to school matters ; and for the purpose of preventing, as far as can be, vexatious 
litigation, provides that the decision of the Examiner shall be final as to certain 
matters, among which is enumerated 'transfers of persons for school purposes.'" — 
Fogle, Trustee of Springfield Township, Franklin county, vs. Gray, 26 Ind., 345. 

Sec. 17. Each person so transferred for educational purposes to 
a township, town, or city, in an adjoining county, shall, annually, 
pay to the Treasurer of such township, town, or city (when a tax 
is levied therein for the purposes aforesaid), a sum equal to the 
tax levied, computing the same upon the property and poll, liable to 
tax, of such persons in the township, towuj or city where he resides, 
according to the valuation thereof, by the proper Assessor; and in 
default of such payment, shall be debarred from educational privi- 
leges in the township, town, or city where he resides, according to 
the valuation thereof by the proper Assessor; and, in default of 
such payment, shall be debarred from educational privileges in the 
township, town, or city, in which he resides, of [by] such exclusion ;. 
which payment shall release his property frorn^ special school tax in 
the township in which he resides. 



14 SCHOOL LAWS OF INDIANA. 

\_The preceding section tvas intended to read as follows c^ 

Sec. 17. Each person so transferred for educational purposes to 
a township, ^town, or city, in an adjoining county, shall, annually, 
pay to the Treasurer of such township, town, or city (when a tax is 
levied therein for the purposes aforesaid) a sum equal to the tax 
levied, computing the same upon the property and poll, liable to tax, 
of such persons in the township, town, or city where he resides, 
according to the valuation thereof by the proper Assessor; which 
payment shall release his property from special school tax in the 
township in which he resides; and, in default of such payment, 
shall be debarred from educational privileges in the township, town, 
or city to which he may have been transferred; and the Trustee 
thereof shall notify the Trustee of the township, town, or city in 
which he (the person transferred) resides, of such exclusion.] 

Notes. — Applies to transfers from one county to another, only. In such a case, 
the Auditor of the county to which the transfer is made, can not assess the proper 
special school tax against the party transferred, as he is not in possession of " the 
valuation of the property of such persen as made by the proper Assessor." 

The party transferred should present to the Trustee of the township to which he 
is transferred satisfactory evidence as to the valuation of the property on which he 
should pay tax. 

This tax is collected, not by the County Treasurer, but by the treasurer of the 
school corporation to which the transfer is made. 

Sec. 18.* Each Trustee shall, on or before the first day of May, 
annually, report to and file with the County Superintendent of the 
proper county a copy of his said list and enumeration, with his 
affidavit endorsed thereon, to the effect that the same is, to the best 
of his knowledge and belief, full and accurate, and that the enumer- 
ation does not include persons who are less than six nor more than 
twenty-one years of age. 

Sec. 19. When a congressional township is located in two or 
more counties, the proper Trustee for each portion thereof in the 
several counties shall report, at the same time and in like manner 
as provided in the last preceding section, to the County Superin- 
tendent of the county in which the Congressional Township Fund 
of such township is held in trust and managed. 

Notes. — The Trustee of a civil township which includes part of a congressional 
township whose fund is managed in another county, is required to make two reports 
of the enumeration of such part of a congressional township ; one (which may be in- 
cluded in the report of the enumeration of the civil township) to the County Super- 
intendent of his own county; the other to the County Superintendent of the county 
in which the fund of such congressional township is managed. This is designed to 
furnish the County Superintendent the data requisite to make the basis of distribu- 
tion of the revenue of such congressional township to the several parts thereof. 
Auditors' reports to this oflBce indicate that Trustees frequently omit or neglect to 
make the latter of the two above named reports, and, consequently, that these parts 
of townships lose their portion of the congressional township revenue. 

•As amended March 8, 1873. 



GENERAL PROVISIONS. 15 

Sec. 20. To enable the Trustees to make reports which are 
required of them by this Act, the teacher of each school, whether in 
township, town, or city, shall, at the expiration of the term of the 
school for which such teacher shall have been employed, furnish a 
complete report to the proper Trustee, verified by affidavit, showing 
the length of the school term, in days ; the number of teachers em- 
ployed, male and female, and their daily compensation; the number 
■of pupils admitted during the term, distinguishing between males 
and females, and between the ages of six and twenty-one years; the 
average attendance; books used and branches taught, and ^he num- 
ber of pupils engaged in the study of each branch ; and, until such 
report shall have been so filed, such Trustee shall not pay more 
than seventy-five per cent, of the wages of such teacher, for his or 
her services. 

Sec. 21.* The Trustees of each township, town, or city shall, 
annually, on the first day of September, report and furnish to the 
County Superintendent the statistical information obtained from 
teachers of the schools of their respective townships, towns, or cities, 
and embody in a tabular form the following additional items: The 
number of districts; schools taught and their grades; teachers, 
male and female; average compensation of each grade; balance of 
tuition revenue on hand at the commencement of the current year; 
amount received -during the year from the County Treasurer, and 
amount expended within the year for tuition, and balance on hand ; 
length of school taught within the year, in days; school-houses 
erected during the year, the cost of the same, the number and kind 
before erected, and the estimated value thereof and of all other school 
property; number volumes in the library, and the number taken out 
during the year ending the first day of September, also the number 
of volumes added thereto; assessment on each one hundred dollars 
of taxable property, and [on] each poll of special tax for school- 
house erection, and amount of such levy; balance of special school 
revenue on hand at the commencement of the current year; amount 
received during the year from the County Treasurer ; the amount 
of said revenue expended during the year, and balance on hand; 
the number of acres of unsold congressional school lands, the value 
thereof, and the income therefrom; together with such other infor- 
mation as may be called for by the County Superintendent and 
1 Superintendent of Public Instruction. 

Notes. — The report required by this section must be full and correct, otherwise 
the Trustee is liable to a penalty of $25. — (See sec. 22.) 

Trustees should be fully advised as to their liabilities in this respect ; and 
County Superintendents should require them, under the prescribed penalty, to pre- 
sent correct reports, as provided by law. 

County Superintendents, in receiving reports from Trastees, should see that such 
reports are consistent, and, as far as possible, accurate. No report should be 
received if known to be faulty in either of these points. To require correct reports 
is not only the right, but the duty, of the County Superintendents. 

*As amended March 8, 1373. 



16 SCHOOL LAWS OF INDIANA, 

Sec. 22. On failure of any Trustee to make either the statistical 
report required by the last preceding section of this Act, or the 
report of the enumeration required by the sixteenth section of this 
Act, or the report of finances required by the seventh section of this 
Act, to the School Examiner [County Superintendent], at the time,, 
and in the manner specified for each of said reports, the School 
Examiner [County Superintendent] to whom such report is due 
shall, within one week of the time the next semi-annual apportion- 
ment is to be made by the Auditor of his county, notify said Audi- 
tor, in writing, of any such failure; and the Auditor shall diminish 
the apportionment of said township, town, or city by the sum of ' 
twenty-five dollars, and withhold from the delinquent Trustee the 
warrant for the money apportioned to his township, town, or city,. 
until such delinquent report is duly made and filed. For said 
twenty-five dollars, and any additional damages which the town- 
ship, town, or city may sustain, by reason of stopping said money,- 
said Trustee shall be liable on his bond, for which the County Com- 
missioners may sue. 

Note. — As these reports of the Trustees are very important the County Super* 
intendents and Auditors should execute this section of the law to the letter. 

Sec. 23. If a Trustee shall fail to discharge any of the duties of 
his office relative to the schools, any person may maintain an action 
against him for every such oflfense, in the name of the State of 
Indiana, and may recover for the use of the Common School Fund 
any sum not exceeding ten dollars; which sum, when collected, shall 
be paid into the county treasury, and added by the County Auditor 
to said fund, and reported accordingly. 

Sec. 24. Any person elected or appointed such Trustee, who 
shall fail to qualify and serve as such, shall pay the sum of five 
dollars, to be recovered as specified in the preceding section for the 
use therein named, and in like manner added to said fund, unless 
such person shall have previously served as such Trustee. 

Sec. 25. The voters, as defined in sections 14, 15, and 16 [and 
26] of this Act, shall meet annually on the first Saturday in October, 
and elect one of their number Director of such school; who shall, 
before entering upon duty, take an oath faithfully to discharge the 
same. The Director so elected shall, within ten days after said 
election, notify the Trustee of his election; and, in case of failure to 
elect, the Trustee shall forthwith appoint a Director of said school. 
But any Director so appointed may be removed, upon a petition of 
three-fourths of the persons attached to said school who are entitled 
to vote at school meetings. 

Notes. — Notice of the annual school meeting should be given as provided in 
section 26 for other school meetings. 

All tax-payers of the district and persons transferred for school purposes- are 
voters at school meetings, except married women and minors, ■ (See sections 16 
and 26.) 

The School Director votes as any other member of the school meeting, and not 
otherwise. 



GENEEAL PEOVISIONS. 17 

Sec. 26.* The voters at school meetings may hold other school 
meetings at any time^ upon the call of the Director or any five 
voters. Five days' notice shall be given of such meeting, by post- 
ing notices in five public places in the vicinity ; but no meeting 
shall be illegal for want of such notice, in the absence of fraud ; and 
the legality of such proceedings, if called in question, shall be deter- 
mined by the Trustee of the township, subject to an appeal to the 
County Superintendent, whose decision shall be final. Such school 
meetings shall have power to determine what branches, in addition 
to those mentioned, in section 34 of this Act, they desire shall be 
taught in such school, and the time at [for] which such school shall 
be taught: Provided, howeve7', That the tuition revenue apportioned 
to the school, shall be expended within the school year for which it 
was apportioned : And Provided, further, That such school year 
shall begin the first Monday of July. Such school meetings shall 
likewise have the power to fill vacancies that may occur in the office 
of Director; to direct such repairs as they may deem necessary in 
their school-house; to petition the Township Trustee for the 
removal of their school-house to a more convenient location ; for 
the erection of a new one, or the sale of an old one, and the lands 
belonging thereto, and upon any other subject connected therewith;; 
and at such meetings all taxpayers of the district shall be entitled] 
to vote, except married women and minors; Provided, That noth- 
ing herein contained shall prevent the Trustee from exercising a 
sound discretion as to the propriety or expediency of making such 
repairs, removing or erecting school-houses, and the cost thereof. 

Notes. — School Meetings. — Five days' notice, as here required, should never,, 
■when practicable, be omitted. A meeting may be legal without such notice. 

The action of a school meeting, with reference to the erection, repair, or removal 
of a school-house, etc. , has only the force of a request ; therefore never binds the 
Trustee to any course of action. 

School meetings are not authorized to designate or employ teachers, or determine 
the wages at which they shall be employed. 

Under the provisions of the Common School Law of March 11, 1861 (almost 
identical with the provisions of the present school law), the inhabitants, or any por- 
tion of them, may petition the Trustee for the location of an additional school dis- 
trict or the erection of a school-house ; and if the prayer of their petition is refused 
by him, they may appeal to the County Superintendent ; and if he reverse the deci- 
sion of the Trustee, it will be the duty of the latter to grant the prayer of said 
petition ; and if he still refuse, he may be compelled to do so by mandate. — (Trager, 
Trustee, vs. State ex rel. Goudie, 21 Ind., 317.) 

The inhabitants of a school township, at their regular school meeting, have a 
right "to memorialize in reference to the removal or erection of school-houses, and 
upon any other subject connected with their school township." But that right is 
not, by the statute, made exclusive ; and hence the Trustee may, in our opinion, 
legally act upon a petition presented to him by persons who are inhabitants of the 
school township, though it did not originate at such regular meetings. — {Ibid.} 

Sec. 27. When such meetings shall petition the Trustee in 
regard to repairs, removal, or erection of a school-house, they shall 

♦As amended March 8, 1873. 

2 



18 SCHOOL LAWS OF INDIANA. 

also furnish to such Trustee au estimate of the probable cost of 
such repair, removal, or erection. 

Sec. 28. Trustees shall employ no person to teach in any of the 
Common Schools of the State, unless such person shall have a 
license to teach, issued from the proper State or county authority, 
and in full fjrce at the date of the employment. And any teacher 
who shall commence teaching any such school without a license, 
shall forfeit all claim to compensation out of the school revenue for 
tuition for the time he or she teaches without such license ; and if 
a teacher's license shall expire by its own limitation within a term 
of employment, such expiration shall not have the eifect to stop the 
school or stop the teacher's pay. And the said Trustee shall not 
employ any teacher whom a majority of those entitled to vote at 
school meetings have decided, at any regular school meeting, they 
do not wish employed ; and at any time after the commencement of 
any school, if a majority of such voters petition such Trustee that 
they wish the teacher thereof dismissed, such Trustee shall dismiss 
such teacher, but only upon due notice, and upon good cause shown ; 
but such teacher shall be entitled to pay for services rendered. 

Notes. — The statute expressly prohibits the employment of a teacher having 
no certificate of qualification. The officer having authority to employ the teacher can 
not nullify this law. It was intended, by the requirement of a certificate of qualifi- 
cation, to guard against the squandering of a sacred public fund upon persons 
assuming to teach without being capable of performing a teacher's duties, and to 
insure the employment of competent persons only as teachers, thereby making the 
schools useful as instruments for the education of the young. That an officer can, 
either expressly or by implication, set at defiance an express statute defining and 
limiting his official authority, and, by doing what he is forbidden to do, waive what 
the law palpably requires, is a proposition which is best answered by stating it. 

One who renders service as a teacher in the public schools without having pro- 
cured the certificate of qualifications required by law, can not recover for such 
service. — (Harrison Township, Cass Co. vs. Conrad et al., 26 Ind., 337.) 

A teacher's license must be in force at the date of the commencement of the 
school. 

Dismissal of Teacher. — The Trustee should investigate the truth or falsity of the 
matter alleged for the dismissal of a teacher. For this purpose he should cause 
the parties — petitioners and teacher — on the appointed day, to appear before him, 
when he should hear the testimony pro and con. 

Notice, in writing, of the pendency of a petition for his dismissal skould be 
served on the teacher at least three days previous to the time set for the hearing. 
It should show the day when the petition will be heard, and the nature of the cause 
or causes alleged for dismissal, and should notify the teacher to be present and 
answer the allegations of the petition. 

Any of the causes for the revocation of a license enumerated in section 36, is 
likewise good cause for the dismissal of a teacher. Peculiar circumstaHces may 
sometimes render dismissal proper for other causes. 

Sec. 29. The Director of each school shall preside at all meetings 
of the inhabitants connected therewith, and record their proceed- 
ings. He shall also act as the organ of communication between the 
inhabitants and the Township Trustee. 

Note. — In the absence of the Director, any voter at the school meeting may 
preside and perform the duties of the Director. It is not the intent of the law that 
the absence of the Director, whether that absence be intentional or accidental, 
should defeat the purpose of a school meeting. 



GENERAL PROVISIONS. 19 

Sec. 30. He shall take charge of the school-house and property 
belonging thereto, under the general order and concurrence of the 
Trustee, and preserve the same ; and shall make all temporary re- 
pairs of the school-house, furniture, and fixtures, and provide the 
necessary fuel for the school, and report the cost thereof to the 
Trustee for payment. 

Notes. — In the control of the school-house, the Director must pursue the 
instruction of the Trustee. 

No important repairs of the school-house, or repairs involving considerable 
expense, should be undertaken except by direction of the Trustee. 

Sec. 31. He shall visit and inspect the school, from time to time, 
and, when necessary, may exclude any refractory pupil therefrom ; 
but the exclusion of any pupil from the school for disorderly eon- 
duct shall not extend beyond the current term, and may be, in the 
discretion of the Director, for a shorter period. 

Notes. — This section is not understood to give the Director authority to pre- 
scribe to the teacher methods of instruction or government. 

The Director should not exclude a pupil from school, except the pupil is found 
to be incorrigible. 

In extreme cases, the teacher may suspend a pupil from school until conference 
can be had with the Director. But the fact of such suspension must be communi- 
cated to the Director at the earliest possible moment, whereupon he must decide 
what further action the case requires, namely, whether the pupil shall be restored, 
reprimanded, punished, or excluded. 

Sec. 32. The decision of the Director in excluding a pupil, 
shall be subject to appeal to the Township Trustee, whose decision 
shall be final. 

Sec. 33.* The Township Trustees of the several townships shall 
meet at the office of the County Auditor of their respective coun- 
ties, on the first Monday of June, eighteen hundred and seventy- 
three, and biennially thereafter, and appoint a County Superintend- 
ent, who shall be a citizen of such county, w^hose official term shall 
expire as soon as his successor is appointed and qualified; who, 
before entering upon the duties of his office, shall take and subscribe 
an oath that he will faithfully perform his duties as such officer 
according to law, which oath shall be filed with the County Auditor; 
and shall execute a bond, with freehold surety, to the approval of 
the County Auditor, payable to the State of Indiana, in the penal 
sum of one thousand dollars, conditioned that he will faithfully 
discharge his duties according to law, and faithfully account for 
and pay over to the proper persons, all money which may come into 
his hands by reason of such office ; and thereupon, the County Auditor 
shall report the name and post-office address of the person appointed 
to the Superintendent of Public Instruction : Provided, however, 
That the Board of County Commissioners shall have power to dis- 
miss any County Superintendent for immorality, incompetency, or 
general neglect of duty, or for acting as agent for the sale of any 
text-book, school furniture, or maps ; but no County Superintendent 



*As amended March S, 1873. 



20 SCHOOL, LAWS OF INDIANA. 

shall be dismissed without giving him written notice, under the 
hand and seal of the Auditor, ten days before the first day of the 
term of the Court of Commissioners at which the cause is to be 
heard ; and the said notice shall state the charges preferred against 
the Superintendent, the character of the instrument in which they 
are preferred (whether petition, complaint, or other writing), and 
in the name of those preferring the same. And the duties re- 
quired of the School Examiner by this Act shall hereafter be per- 
formed by the County Superintendent. Whenever a vacancy shall 
occur in the office of County Superintendent, by death, resignation, 
or removal, the said Trustees, on the notice of the County Auditor, 
shall assemble at the office of such Auditor, and fill such vacancy 
for the unexpired portion of the term, in the manner herein pro- 
vided ; and the County Auditor shall be clerk of such election in 
all cases, and give the casting vote in case of a tie, and shall keep 
the record of such election in a book to be kept for that purpose. 

Notes. — The office of County Examiner is abolished by this section of the law,. 
and the office of County Superintendent is created instead thereof. 

It is the duty of the County Superintendent to call all meetings of the County 
Board of Education. The Auditor calls the meetings of the Township Trustees to- 
appoint a County Superintendent. 

A person appointed to fill a vacancy in the office of County Superintendent must^ 
before assuming to discharge the duties of the office, take oath and give bond a» 
provided in this section. — (1 Gavin & Hord, 672.) 

All duties heretofore discharged by School Examiners will, under the present 
law, be discharged by County Superintendents. 

The Township Trustees, and not the School Trustees, of incorporated towns and 
cities elect the County Superintendent; and a majority of them constitute a 
quorum. 

In order to an election, the candidate must receive a majority of all the votes 
cast. 

Sec. 34. Said School Examiner [County Superintendent] shall 
examine all applicants for license as teachers of the Common 
Schools of the State, by a series of written or printed questions,, 
requiring answers in writing, if he wishes so to do; and, in addi- 
tion to the said questions and answers in writing, questions may be 
asked and answered orally ; and if, from the ratio of correct answers 
and other evidences disclosed by the examination, the applicant is 
found to possess a knowledge which is sufficient in the estimation 
of the Examiner [Superintendent] to enable said applicant to suc- 
cessfully teach, in the Common Schools of the State, orthography, 
reading, writing, arithmetic, geography, English grammar, physi- 
ology, and the history of the United States, and to govern 
such school, said Examiner [Superintendent] shall license said ap- 
plicant for the term of six months, twelve months, eighteen months, 
or two years, according to the ratio of correct answers and other 
evidences of qualification given upon said examination, the stand- 
ard of which shall be fixed by the Examiner [Superintendent]. 
And applicants, before being licensed, shall produce to the Exam- 
-iner [Superintendent] the proper Trustee's certificate, or other satis- 



GENEKAL. PROVISIONS. ' 21 

factory evidence of good moral character: Provided, That after an 
applicant has received two licenses in succession, for two years, in 
the same county, the Examiner [Superintendent] thereof, after the 
expiration of the last license issued, may renew the same without a 
re-examination, at his discretion. 

Notes. — No person who indulges in such immoral practices as profanity, 
drunkenness, gambling, or licentiousness, should be licensed to teach. 

County Superintendents, when requested by Trustees, should examine the appli- 
cant in other branches than those mentioned in this section, and license him in the 
same if found qualified. 

Sec. 35.'*' If the persons attached to and forming a school dis- 
trict, have, at their school meeting, designated other or a less num- 
ber of branches of learning to [than] those in the last section above 
mentioned, which they desire to have taught in their school, the 
Trustee, in employing a teacher for said school, shall require said 
teacher to be examined as to his qualification to teach the branches 
of learning required at said school meeting. 

Notes. — This section, so far as it authorizes a license to be issued upon a less 
number of bi-anches than those mentioned in the preceding section, has been 
repealed by the Act approved May 5, 1869, amending section 147 of this Act. 

When other branches than those mentioned in the preceding section are to be 
taught in any public school, a teacher should be employed who has been examined 
and licensed in those branches. 

Sec. 36. The School Examiner [County Superintendent] shall 
have power to revoke licenses granted by him or his predecessors, 
for incompetency, immorality, cruelty, or general neglect of the 
business of the school; and the revocation of the license of any 
teacher shall terminate the school which such teacher may have 
been employed to teach. 

Notes. — A teacher's license should not be revoked for any cause not fairly 
included in the causes named in this section ; and in all cases before revoking a 
license, the teacher should be notified and given an opportunity to make a defense. 

The revocation of a teacher's license terminates his connection with the school 
in which he may have been employed ; but does not necessarily terminate the school, 
unless he is the only teacher employed in it. It would be absurd to suppose that 
the law intended that a school in which a dozen teachers were employed should be 
discontinued because the license of one of such teachers was revoked. 

A County Superintendent, having revoked a teacher's license, must enter hifi 
action in such case of record in the books of his office, and notify each School 
Trustee in his county of such revocation. 

Notice to Trustees is especially important ; as without it they would not be suffi- 
ciently warned against employing the teacher whose license is revoked, as the 
certificate of license would still remain in his possession. 

In proceedings to revoke a license, the County Superintendent may act upon his 
personal knowledge, obtained by official visits to the school, or upon competent 
evidence obtained from others. 

Sec. 37.t The County Superintendent shall hold at least one 
public examination in each month in the year, in his county ; and in 
no case shall he grant a license upon a private examination ; and all 

•A3 ameaded December 20, 1865. 
fAs amended March 8, 1873. 



22 SCHOOL LAWS OF INDIANA, 

licenses granted by him shall be limited to the county in which they 
are granted. 

IJ^OTES.— The day of the examination should be the same in each month. If 
such a day is fixed and adhered to, convenience will be secured to teachers and to 
the public. 

As the object of the law will not be defeated, but rather promoted thereby, it is 
held that the County Superintendent may hold more than one examination in each 
month. 

An examination will be public in the sense here required, when such examination 
is publicly announced and is held in a public hall or office. 

The Superintendent is allowed his per diem for examinations, but is entitled tO' 
no fee from the teachers. 

Sec. 38. The Examiner [County Superintendent] shall provide 
a blank book at the expense of the county, in which he shall keep 
minutes of his proceedings, and shall deliver said record, and all 
other books, papers, and property appertaining to his office, to his 
successor, and take a receipt therefor. Said Examiner [Superintend- 
ent] shall, in the last week of May, annually, report to the Superin- 
tendent of Public Instruction, the names of the persons to whom he 
has granted license since the last report, for his county ; distinguish- 
ing between those licensed for six, twelve, eighteen, and twenty-four 
months; giving the number of males and the number of females, and 
total number licensed ; and the number, but not the names, of appli- 
cants for license who have been rejected ; and the number of licenses 
revoked. 

Sec. 39.* The County Superintendent shall have the general 
superintendence of the schools of his county. He shall attend each 
Township Institute at least once in each year, when he shall 
preside at the same and conduct its exercises. He shall visit each 
school of the county at least once each year, for the purpose of 
increasing their usefulness, and elevate as far as practicable the 
poorer schools to the standard of the best. He shall encourage 
Teachers' Institutes and associations, and shall labor in every 
practicable way to elevate the standard of teaching, and to improve 
the condition of the schools of the county. In all controversies of 
a general nature arising under the School Law, the opinion of the 
County Superintendent shall first be sought; whence an appeal may 
be taken to the State Superintendent, on a written statement of 
facts, certified to by the County Superintendent: Provided, That 
nothing in this Act shall be so construed as to change or abridge the 
jurisdiction of any court in cases arising under the School Laws of 
the State ; and the right of any person to bring suit in any court, in 
any case arising under the School Laws, shall not be abridged by 
the provisions of this Act. He shall, at all times, carry out the orders 
and instructions of the State Board of Education and the Superin- 
tendent of Public Instruction, and shall constitute the medium 
between the State Superintendent and subordinate school officers 

*As amended March 8, 1873. 



GENEEAL PROVISIONS. 2S 

and the schools : Provided, That city schools having a Superintend- 
ent employed by their Board may, at the request of said Board, be 
exempt from the general superintendence authorized in this section. 

Note. — The County Superintendent has the care and oversight of the schools in: 
his county, with authority to direct in their organization and general management. 

Sec. 40.* When any Trustee shall neglect to file with the 
County Superintendent an enumeration of the children of the town- 
ship, town, or city, as hereinbefore provided, the County Superin- 
tendent shall, immediately after the first day of May in each year, 
employ a competent person to take the same, and allow a reasonable 
compensation for such services, payable from the special school 
revenue of the township ; and shall proceed to recover the same in 
the name of the State of Indiana, for the use of said revenue of said 
township, by action against the said Trustee in his individual, 
capacity; and in such suit the County Superintendent shall be a. 
competent witness. 

Notes. — The County Superintendent should, in every case of failure to report; 
the enumeration, proceed promptly to have the same taken as provided in this sec- 
tion. 

A Trustee, when prevented by sickness or misfortune, should employ some com- 
petent person to take the enumeration for him. 

Sec. 41. t The County Superintendents shall, on or before the 
fifteenth day of May, annually, make out and forward to the State 
Superintendent the enumeration of their respective counties, with 
the same particular discrimination required of the Trustee. 

They shall, on or before the fifteenth day of September, annually 
furnish the statistical information which Trustees are required to 
report to them, in such form as may be prescribed by the Super- 
intendent of Public Instruction. They shall also furnish, with 
such statistical report, such additional information, embodied in 
a written report, relative to the condition of the schools, school- 
houses, and the general progress of education, etc., in the county, as 
the State Superintendent may, from time to time, call for. On failure 
of any County Superintendent to make his report of enumeration by 
the fifteenth day of May, his county shall be subject to a diminution of" 
twenty-five dollars in the next apportionment of school revenue by 
the State Superintendent; and on failure to make his statistical and 
other reports by the fifteenth day of September, his county shall be 
subject to a diminution of ten dollars in the next apportionment, 
likewise. The sum thus withheld may be collected from said 
County Superintendent in a suit before a Justice of the Peace, pros- 
ecuted in the name of the State by any person living in said county 
who has children enumerated for school purposes for the current 
year, who is aggrieved by said diminution. Said suit shall be com- 
menced within two years from the time when said report was due,. 

•As amended March 8, 1873. 
tAs amended March 8, 1873. 



24 SCHOOL LAWS OF INDIANA. 

and not afterwards ; Provided, That said County Superintendent 
may discharge himself from liability to such suit, by a certificate of 
the postmaster that said report was mailed in due time, together 
with his own affidavit of that fact. 

Note. — County Superintendents are expected to furnish statistical and other 
reports relative to private schools, high schools, colleges, and other private institu- 
tions of learning within their respective counties, so as to enable the Superintendent 
of Public Instruction to present a view of all the educational facilities of the 
State. Data concerning private institutions can be most accurately obtained by 
personal interview or correspondence with the officers of these institutions. 

Sec. 42. The School Examiner [County Superintendent] shall 
make out, from the list of enumeration and the reports of transfers, 
the basis of the apportionment of school revenue to the several 
townships, towns, and cities of their respective counties, and parts 
of congressional townships of adjoining counties whose congres- 
sional township fund is managed in their counties, and report the 
same to the proper County Auditor by the first day of November* 
[June], annually, so as to enable the County Auditor to accurately 
a,pportion the school revenue for tuition, according to section 118 of 
this Act. 

Notes. — The basis of apportionment should show, by number and range, the 
•congressional townships, or parts of congressional townships, which form each civil 
township ; the number of children enumerated in each of such parts ; also, the 
whole number of children enumerated in each civil township. 

With the basis of apportionment, the County Superintendent should file with the 
Auditor a separate statement, showing what congressional townships whose funds 
are managed in his county are divided by the county line; also, the number of 
•children enumerated in each part of such townships. 

Sec. 43.t The County Superintendent shall receive four dollars 
for every day actually employed in the discharge of the duties 
required by this Act. But before the County Commissioners shall 
allow his per diem, the same shall be presented in a bill of account, 
stating, in separate items, the nature and amount of service rendered 
on each day for which he claims compensation; which bill of 
account shall be verified by affidavit to the effect that the same and 
each item thereof is just and true. The County Auditor shall draw 
liis warrant on the County Treasurer for the amount allowed by the 
Board in favor of said Superintendent, and the Treasurer shall pay 
the said warrant out of the ordinary county revenues. Provided, 
hoirever, That the said Board of Commissioners shall have power to 
determine the number of days in each year in which the County 
Superintendent may labor in the performance of the duties required 
of him in visiting schools: And Provided, further, The number 
of days so allowed in each year for visiting schools shall not be less 
than the whole number of schools in sueh county over which such 
Superintendent has control; and he shall receive no perquisites 
whatever. 

*The report of the County Superintendent required by this section must be made by the first of 
June. By an oversight of the Legislature, the section was not amended. 

tAs amended March 8, 187;i. 



GENERAL PROVISIONS. 25 

Note. — All persons listed in any city or incorporated town are considered as 
forming but a single school district. — (See sections 14 and 11.) 



Sapplemental Sections. 

Sec. c* Such Superintendent shall see that the full amount of 
interest on school fund is paid and apportioned, and when there is 
a deficit of interest of any school fund, or loss of any school fund 
or revenue by the county, that proper warrants are issued for the 
reimbursement of the same ; but no per centum beyond what is pro- 
vided for herein and allowed shall, in any case, be paid him by said 
Board of Commissioners. 

Sec. d.f The official dockets, records, and books of account of 
the Clerk of the Courts, County Auditor, County Commissioners, 
Justices of the Peace, Prosecuting Attorneys, Mayors of cities, and 
Township and School Trustees shall be open, at all times, to the 
inspection of the County Superintendent ; and whenever he shall 
find that any of said officers have neglected or refused to collect and 
pay over interests, fines, forfeitures, licenses, or other claims due the 
school funds and revenues of the State, or have misapplied the 
school funds or revenues in their possession, he shall be required to 
institute suit in the name of the State of Indiana for the recovery 
of the same for the benefit of the school fund or revenues, and 
make report of the same to the Board of County Commissioners 
und to the State Superintendent. 

Notes. — Superintendents will often find it convenient to examine the dockets of 
the Justices of the Peace, during their official visits to the schools. Superintend- 
ents are expected to use due diligence in carrying out the intent of this section. 

The payment of school revenue to a teacher without a license is a misapplication 
of money within the meaning of this Act. 

Sec. e.| The County Superintendent and the Trustees of the 
township and the Chairman of the School Trustees of each town 
and city of the county shall constitute a County Board of Education. 
Said Board shall meet semi-annually, at the office of the County 
Superintendent, on the first days of May and September, unless the 
said days be Sunday — if so, on the day following; a majority of 
•whom shall constitute a quorum. The County Superintendent shall 
preside at the meeting of the Board ; shall be allowed to vote on all 
questions as other members of the same are allowed to vote. Said 
Board shall consider the general wants and needs of the schools and 
school property of which they have charge, and all matters relating 
to the purchase of school furniture, books, maps, charts, etc. The 
change of text-books, except in cities, and in the care and manage- 
ment of township libraries, shall be determined by such Board, and 
«ach township shall conform as nearly as practicable to its action 

* Approved March 3, 1873, and amended March 9, 1875. (Supposed to be in force.) 

tApproved March 8, 1873. 

J Approved March 8, 1873, and amended March 2, 1877. 



26 SCHOOL LAWS OF INDIANA. 

But no text-book hereafter adopted by the County Board shall be 
changed within six years from the date of such adoption, except by 
unanimous vote of all the members of such Board : Provided, That 
any text-book heretofore adopted by the County Board of Education 
shall not be changed within three years from the date of its, 
adoption. 

Sec. f.* At least one Saturday in each month during which the 
public schools may be in progress, shall be devoted to Township 
Institutes or Model Schools, for the improvement of the teachers j 
and two Saturdays may be appropriated, at the discretion of the 
Township Trustee of any township. Such Institute shall be pre- 
sided over by a teacher or- other person designated by the Trustee 
of the township. The Township Trustee shall specify, in a written? 
contract with each teacher, that such teacher shall attend the full 
session of each Institute contemplated herein, or forfeit one day's 
wages for every day's absence therefrom, unless such absence shall 
be occasioned by sickness. 

Sec. g.* All laws ar d parts of laws in conflict with this Act, be 
and the same are hereby repealed : Provided, The School Examiners 
of the several counties in this State shall discharge their duties until 
a Superintendent shall be elected and qualified under this Act. 

Sec. 44.+ The custody and care of all lands belonging to the 
Congressional Township Fund shall be with the Trustee of the civil 
township in which the same shall be situated ; who shall report^ 
annually, to the Auditor, by the fourth Monday in March, the annual 
income derived therefrom, to the township. And the report shall 
embrace a fully itemized statement of his rent account of such lands ; 
to whom and for what amount the same was rented to each tenant; 
and whether the rents have been collected or not ; and if any portion^ 
has not been collected, he should state fully the reasons why the 
same has not been collected. And any Trustee who has heretofore 
failed and neglected to so report shall embrace in his first report 
such itemized statement and showing for each preceding year not so 
reported, whether by himself or his predecessors; and the amount 
of school funds for any year, to which such township might other- 
wise be entitled, shall be withheld, and not paid over to such Trustee,, 
if the rental value of such lands for such terms shall equal or exceed 
the township's otherwise portion of the school fund ; and it shall be 
the duty of such Trustee to pay into the country treasurv all rentsv 
collected and reported by him as aforesaid. 

Sec. 45; They shall have power, when directed so to do by a 
vote, or by the written direction of a majority of the voters of the 
congressional township to which the same belongs, to lease such. 

♦Approved March 8, 1873. 
tAs amended March 7, 1873. 



GENERAL PROVISIONS. 27 

lands for any terra not exceeding seven years, reserving rents, pay- 
able in money, property, or improvements upon the land, as may be 
directed by the majority of such voters. 

Sec. 46. When the sixteenth section, or the section which may 
be granted in lieu thereof, shall be divided by a county or civil 
[township] line, or where the substituted section lies in any other 
county in the State, the voters of the congressional township to 
which the same belongs shall designate, by vote or by the written 
direction of a majority, the Trustee of one of the civil townships 
including a part of said section, to have the care and custody of said 
section, and to carry out the directions of the voters of the township- 
in relation thereto ; and the Trustee so designated shall have the 
same powers and perform the same duties as if the entire section was 
situated within the limits of the civil township, and receive from the 
County Treasurer the revenue derived from funds accrued from 
said sale. 

Sec. 47. The proper Trustees shall have all the rights and 
powers of a landlord, in their official name, in coercing fulfillment 
of contracts relating to such lands, and preventing waste or damage,, 
or for the recovery of the same when committed. 

Sec. 48. At any time when five voters of any congressional 
township shall, by petition to the Trustee having charge of the 
school land belonging to such township, set forth their desire for th& 
sale of all or any part of the school land, the Trustee shall give 
public notice, in five public places in such township, of the time and 
place in such township when and where a balloting will be had to 
determine whether [the land] shall be sold as petitioned for or not ;: 
which notice shall be given at least twenty days before the time- 
specified therein. 

Note. — For method of proceeding for sale, when a vote can not be procured, see 
section 73. 

Sec. 49. A copy of such petition shall be entered on the book 
containing the record of the proceedings of such Trustee; and his 
action thereon shall, also, be recorded. 

Sec. 50. If a voter favor the sale of such land, he shall write oa 
his ballot the word " Sale"; if he oppose the sale, he shall write the 
words " No sale." 

Sec. 51. No sale shall be allowed unless a majority of all the 
votes cast at such election shall be in favor of such sale ; nor unless 
the number of votes constituting such majority shall exceed fifteen. 

Sec. 52. The Trustee shall attend at the time and place speci- 
fied, and shall make out a certificate showing the number of votes 
given for and against such sale; which shall be signed by him and 
filed in his office; and he shall enter the same upon his record book.. 

Sec. 53. Said Trustee, if satisfied that a majority of all, and 
more than fifteen, voters have voted for such sale, he shall enter the . 
same on his record book, and proceed — 



^8 SCHOOL, LAWS OF INDIANA. 

First, To divide the lands so voted to be sold into such lots as will 
secure the best price. 

Second, To affix a minimum price to each lot, not less than one 
dollar and twenty-five cents per acre, below which it shall not be 
sold. 

Third, To certify such division and appraisement to the proper 
County Auditor, together with a copy of all his proceedings in rela- 
tion to the sale of said lands. 

Sec. 54. Such certificate and return shall, by such Auditor, be 
laid before the Board of County Commissioners, at their first meet- 
ing thereafter ; and said Board, if satisfied that the requirements of 
the law have been substantially complied with, shall direct such 
lands to be sold ; which sale shall be conducted as follows: 

First, It shall be made by the Auditor and Treasurer. 

Second, Four weeks' notice of the same shall be given, by post- 
ing notices thereof in three public places of the township where the 
land is situated, and at the court-house door, and by publication in 
a newspaper printed in said county, if any — otherwise, in the news- 
paper of any county in the State situated nearest thereto. The sale 
shall be made by the Auditor, at public auction, at the door of the 
court-house of the county in which the land is situated, and the 
Treasurer shall take an account thereof; and each of the said offi- 
cers, for making such sale, shall receive a fee of one dollar, to be 
paid by the purchaser. 

Sec. 55.* One-fourth of the purchase money shall be paid in 
hand and the interest for the residue for one year in advance, and 
the residue in ten (10) years from such sale, with like interest annu- 
ally in advance ; and deferred payments shall he regarded as a part 
of the Congressional Township School Fund, and reported as such 
by the Auditor to the Superintendent of Public Instruction : Pro- 
vided, That when one-fourth part or more of the value of the lands 
so sold, at the time of such sale, shall consist of the timber growing 
thereon, the terms of sale in such case may be as follows, viz.: at 
least one-half of the purchase money cash in hand, and interest for 
the residue for one year in advance, and the residue in annual pay- 
ments in not exceeding ten (10) years from such sale, with like 
interest annually in advance; [and] in such case, the terms of sale 
shall be set forth in the notice provided for in section fifty-four of 
said Act : And Provided, further, That whenever the purchaser of 
any such land shall be proceeding to cut or remove, or threaten to 
cut or remove, from such lands, so sold, timber growing or being 
thereon, to such an extent that the land, after the cutting or removal 
of such timber, shall not be equal in value to the amount of pur- 
chase money, with interest then remaining unpaid, it shall be the 
duty of the Trustee of the civil township in which such land is sit- 
uated (and he is hereby authorized and empowered) to commence 

* As amended March 9, 1875. 



GENERAL PROVISIONS. 29' 

and maintain an action, in the name of such township, in the Cir- 
cuit Court of the county, to restrain and enjoin the further cutting 
or removal of such timber. 

Sec. 56. On failure to pay such annual interest when it becomes 
due, the contract shall become forfeited, and the land shall immedi- 
ately revert to the township; and the Auditor and Treasurer shall 
proceed, forthwith, again to sell the same, in like manner and on the 
terms above specified. If on such second sale, such land shall pro- 
duce more than sufficient to pay the sum owing thereof [therefor], 
with interest and cost and five per cent, damages, the residue shall, 
when collected, be paid over to the first purchaser or his legal rep- 
resentative. 

Sec. 57. At any time before the sale, payment of the interest 
due and all costs, together with two per cent, damages on the prin- 
cipal sum and interest due and owing for said land, shall prevent 
such sale, and revive the original contract. 

Sec. 58. In case of such forfeiture, the original purchaser may 
be sued for waste or unnecessary injury done to such land. 

Sec. 59. Such suit shall be prosecuted by the Auditor in the 
name of the State, for the use of the proper congressional township. 

Sec. 60. When any land offered for sale at public auction shall 
remain unsold, the County Auditor may dispose of the same at pri- 
vate sale for the best price that can be had therefor, not being less 
than the minimum price affixed thereto. 

Sec. 61. After the expiration of the term of four years after 
any appraisement and offer of sale of any lands in this State be- 
longing to any township for school purposes, and such lands remain 
unsold, it shall be lawful to re-appraise, sell, and dispose of said 
lands in the same manner that they would have been, had such 
lands not been previously offered for sale : Provided, however, That 
such appraised value shall not be below the minimum price now 
fixed by law. 

Sec. 62. A certified statement of such sale shall be made and 
signed by the Auditor, and, being first recorded by such Auditor 
in the records of the Board of County Commissioners, shall be de- 
livered to the purchaser when he makes his first payment, and shall 
entitle him to a deed when the terms of such purchase shall have 
been fully complied with. 

Sec. 63. Every purchaser, until forfeiture, shall be entitled to all 

the rights of possession before existing in such Trustee or township,. 

and to all rights and remedies for rents becoming due or breaches 

■ of covenant occurring after his purchase under any lease existing at 

the time of his purchase, and for all waste committed thereafter. 

Sec. 64. A purchaser at such sale failing to make the first pay- 
ment as above required shall pay ten per centum on the sum bid, to 
be recovered by action before any court having jurisdiction, to 
be prosecuted by the County Auditor in the name of the State, for 



"30 SCHOOL LAWS OF INDIANA. 

the use of the proper township; and the Auditor and Treasurer shall 
be competent witnesses. 

Sec. 65. No assignment of a certificate shall be valid unless 
-acknowledged before some officer authorized to take acknowledg- 
ments of deeds, or before the County Auditor, who shall, in all such 
cases, record the same. Assignments of certificates heretofore made 
before any officer authorized to take acknowledgments of deeds, 
when recorded, shall be as valid as if acknowledged before the 
County Auditor. 

Sec. 66. When the residue of the purchase money becomes due, 
the purchaser may retain the same as a loan for a term not exceeding 
three years, on payment, annually made in advance, of the interest 
thereon, at the rate then established by law for the loans of such 
funds; but he shall receive no deed until full payment is made. 

Sec. 67. Purchasers may, at any time before due, pay a part or 
whole of such purchase money. 

Sec. 68. When any such certificates shall be lost before a deed 
be made, on proof thereof by affidavit of the person interested, or 
other competent testimony, to be filed with the County Auditor, 
and after three months' notice of intention to apply for a new cer- 
tificate, given in some newspaper printed nearest to where the land 
lies, such Auditor may issue the same to the person entitled thereto. 

Sec. 69. The purchase money and interest, and all cost and 
damages above provided for, shall be paid to the Treasurer of the 
proper county, and his receipt therefor filed, by the person paying, 
with the County Auditor, who shall issue his quietus therefor. 

Sec. 70. When such payment is in completion of any contract 
of sale, the amount of such receipt shall be endorsed by the County 
Auditor on the certificate of purchase. 

Sec. 71. On full payment for such land, a deed shall be issued 
by the County Auditor, and entered [on] the record book of the 
Board of County Commissioners. 

Sec. 72. Such deed shall be executed and acknowledged, at the 
cost of the grantee, by the County Auditor, as in other cases; and, 
thus executed and delivered, shall vest in the grantee, his heirs and 
assigns, forever, a complete title to the land. 

Sec. 73. The voters of any congressional township may, in the 
absence of a vote to sell land, and in lieu thereof, petition the Trustee 
of the township for such sale ; and such petition, if signed by a 
majority of all the voters of the township, shall be filed with the 
"County Auditor; and the same proceeding shall be had as provided 
in the preceding section upon a vote of the inhabitants of the town- 
ship for such sale. Such petition and certificate shall be recorded 
in the record book of the Trustee of the township and of the County 
Auditor of the investment of funds held for the benefit of Common 
Schools and congressional townships. 

Sec. 74. The principal of all moneys, whether belonging to 
vthe Common School Fund or to the Congressional Township School 



GENERAL PROVISIONS. 31 

l^^und, received iuto the county treasury, shall be loaned at eight per 
cent, per annum, payable annually in advance, and the interest paid 
out as prescribed in this Act, and not otherwise; and any judgment 
upon any note or mortgage for any part of said fund, shall bear 
eight per cent, interest from the date thereof till the same is paid.* 

Note. — Loans made previous to March 8, 1873, until they expire by limitation, 
bear seven per cent, interest. All renewals since March 8, 1873, must bear eight 
per cent, interest ; also all loans that have expired by limitation, but allowed to 
run, must bear eight per cent, from March 8, 1873. 

Sec. 75. Such loans shall be made by the County Auditor, who 
shall inform himself of the value of the real estate offered in [the] 
mortgage, and be satisfied of the validity of the title thereof; and 
all persons applying for a loan shall produce to said Auditor title 
papers, showing, to his satisfaction, a good and sufficient title in fee 
simple, without incumbrance not derived from sale for taxes. f 

Sec. 76. The Auditor shall require three disinterested freehold- 
ers of the neighborhood to appraise any land offered in mortgage. 

Sec. 77. Such Appraisers, being first officially sworn, shall 
■examine and appraise such land, and >^gn and give to the applicant 
B, certificate, setting forth the fair cash value of the land at the time, 
without taking into consideration perishable improvements. 

Sec. 78, In making such loans, preference shall be given to the 
inhabitants of the county, if security be adequate; and no land shall 
be received as security unless situated in the county where the loan 
is made. 

Sec. 79. The amount loaned to any person or company shall 
not exceed one thousand dollars. 

Sec. 80. The applicant for a loan shall file with the Auditor the 
certificate of the Clerk and Recorder that there is no incumbrance 
on said land in either of said offices. 

Sec. 81. Such applicant shall make oath that there is no incum- 
brance or better claim, that he knows of, and that the abstract of 
the title presented by him is, as he believes, a true one. 

Sec. 82. No loan shall be made for a longer term than five 
years. 

Sec. 83. The sura loaned shall not exceed one-half of the 
appraised value of the premises proposed to be mortgaged, clear of 
all perishable improvements. 

Sec. 84. The Auditor shall have power to administer all oaths 
and take acknowledgements required by this Act. 

Sec. 85. Mortgage taken for such loans shall be considered of 
record from the date thereof, and shall have priority of all mort- 
gages or conveyances not previously recorded, and all other liens 
not previously incurred, in the county where the land lies. 

*As amended March 8, 1873. 

fFor additional lestrlctious in the making loans of School Funds, see^Act of April 14, 1S8', next 
tollowing this Act. 



32 SCHOOL LAWS OF INDIANA, 

Sec. 86. The Auditor shall cause such mortgages lo be recorded 
immediately, retaining the cost of recording out of the money bor- 
rowed. 

Sec. 87, On failure to pay any installment of interest when the 
same becomes due, the principal sum shall forthwith become due 
and payable, and the Auditor may proceed to collect the same by 
suit on the note, or by sale of the mortgaged premises. He may 
also, by suit, recover the possession of the mortgaged premises 
before sale thereof; and he shall, on the fourth Monday in March, 
annually, offer for sale all mortgaged lands on which payments of 
interest are due on the first day of January and unpaid on the day 
of sale. 

Note. — " In selling lands mortgaged to the school funds, the Auditor must 
proceed strictly in accordance with the requirements of the statute ; and where a sale • 
is made for the payment of a greater sum than is actually due, the sale is void." — 
(Key et al. vs. Ostrander, 29 Ind., 1.) 

Sec. 88. The mortgage may be, in substance, as follows; and 
the Auditor shall specify therein whether the same belongs to the 
Common School Fund or to the Congressional Township Fund; 
and, if the latter, the particular township or townships whose funds 
are thus loaned : 

Sec, 89. I, A. B., of the county of , in the State of 

Indiana, do mortgage to the State of Indiana, for the use of (here 
describe the fund out of which the loan was made), all (here 

describe the land), for the payment of dollars, with interest 

at the rate of seven [eight] per cent, per annum, payable annually 
in advance, according to the conditions of the note hereto annexed. 

Sec, 90. The note accompanying the same may be in substance 
as follows, to-wit : I, A, B., promise to pay to the State of Indiana, 
for the use of (here recite the particular fund), on or before 

, the sum of dollars, with interest thereon at the 

rate of seven [eight] per cent, per annum in advance, commencing 

on the day of , 18 — ; and do agree that, in case of 

failure to pay an installment of interest when the same shall 
become due, the principal sum shall become due and. payable, 
together with all arrears of interest ; and on failure to pay such 
principal or interest when due, two per cent, damages shall be col- 
lected, with costs, and the premises mortgaged may be sold by the 
County Auditor for the payment of such principal sum, interest, 
damages, and costs. 

Sec. 91, On making loan of any fund, the Auditor shall draw 
his warrant in favor of the borrower upon the County Treasurer, 
who shall charge it to the proper fund. 

Sec, 92. All loans refunded and all interest shall be paid to 
the County Treasurer, and his receipt shall be filed with the County 
Auditor, who shall give the payer a quietus therefor, and make 
proper entries. 

Sec. 93. Whenever the amount due on any mortgage shall be - 



GENEEAL PROVISIONS. SS 

paid, and the Treasurer's receipt therefor filed, the Auditor shall 
indorse on the note and mortgage that the same has been fully- 
satisfied, and surrender the same to the person entitled thereto; and, 
on production of the same thus indorsed, the Recorder shall enter 
satisfaction upon the record. 

Sec. 94. In all cases when the mortgaged premises shall fail to 
sell for a sum sufficient to satisfy the principal and interest of the 
loan made, and the damages accrued by reason of such failure, and 
costs, the County Auditor shall bring suit on the notes executed by 
the mortgagor; and whenever judgment shall be rendered thereon,, 
no appraisement of property shall be allowed on execution issued on, 
such judgment. 

Sec. 95. Before sale of mortgaged premises, the Auditor shall 
advertise the same in some newspaper printed in the county where 
the land lies, if any there be — otherwise, in a paper in the State 
nearest thereto — for three weeks successively, and, also, by notice set 
up at the court-house door and in three public places in the town- 
ship where the land lies. 

Sec. 96. At such sale (which shall be held at the court-house 
door), the Auditor shall sell so much of the mortgaged premises to 
the highest bidder, for cash, as will pay the amount due for princi- 
pal, interest, damages, and costs. And when less than the whole 
tract mortgaged shall be sold, the quantity sold shall be taken in a 
square form, as nearly as possible, off the northwesterly corner of 
said tract; and when less than the whole of any in-lot or out-lot of 
any town or city shall be sold, the part sold shall be laid out and 
taken off, so that it shall extend from the main or principal street 
or alley on which the said lot fronts, to the rear thereof, to divide 
the same by a line as nearly parallel with the boundaries of said 
lot as practicable; and if less than the whole is sold, the Auditor,, 
in his notice of sale, shall indicate off of which side or end of said 
lot the part to be sold shall be taken ; and if more than one tract 
of land is included in the mortgaged premises, the Auditor shall 
elect which tract or tracts shall be sold, saving to the mortgagor, if 
practicable, the tract on which his house is located. And if a tract 
of land so mortgaged, and liable to be sold to satisfy the mortgage, 
can not be divided without materially diminishing the value of [such 
tract] ; or if any in-lot or out-lot be indivisible, by reason of extensive 
buildings or other improvements thereon, the Auditor may sell the 
whole thereof, and, after paying the amount due for principal, inter- 
est, damages, and costs out of the purchase money, shall pay the 
balance, if any, to the mortgagor; and if the Auditor sell any part 
of a tract of land, out-lot, or in-lot for more than the amount of 
principal, interest, damages, and costs, the excess, if any, shall be 
paid to the mortgagor. 

Sec. 97. In case of no bid for the amount due, the Auditor 
shall bid in the same on account of the fund, and, as soon thereafter 
as may be, shall sell the same — having first caused it to be appraised. 
3 



:34 SCHOOL LAWS OF INDIANA. 

by three rJisinterested freeholders of the neighborhood — on a credit of 
five years, with interest at seven per cent, per annum, being payable 
-annually in advance ; but no such sale shall be for a less sum than 
the appraised value thereof. 

Sec. 98. Lands heretofore bought in on account of the fund, 
which have been appraised, shall be sold in like manner; and il, 
upon sale of any such land, a sum is realized which is more than 
sufficient to pay the principal, interest, damages, and costs, the over- 
plus shall be paid to the original mortgagor, his heirs or assigns, 
when collected. 

Sec. 99. Upon full payment being made for such lands, the deeds 
thereof [therefor] shall be executed by the County Auditor, and shall 
he entered in the record of the Board of County Commissioners 
before delivery. 

Sec. 100. At the public sale at the court-house door provided 
for in this Act, the County Treasurer shall also attend, and make a 
statement of such sales, which shall be signed by the Auditor and 
Treasurer, and. after being recorded in the Auditor's office, shall be 
filed in the Treasurer's office; and such record, or a copy thereof, 
authenticated by the Auditor's or Treasurer's certificate, shall be 
received as evidence of the matters contained therein. 

Sec. 101. When any land is laid [bid] oft' by the Auditor at 
such sale, no deed need be made therefor to the State; but the 
statement of such sale, and the record thereof, shall vest the title in 
the State, for the use of the proper fund. 

Sec. 102. Forms and modes of bookkeeping shall, from time to 
time, be prescribed for County Auditors and County Treasurers by 
the State Superintendent of Public Instruction. 

Sec. 103. The County Auditors and County Treasurers shall 
annually report, in writing, to the Board of County Commissioners 
of the respective counties, at the June session of said Board, rela- 
tive to the school fund held in trust by said counties, distinguishing, 
in said reports, between the Congressional Township and Common 
School Funds ; indicating the amount thereof; the additions to them 
withhi the current year then ending; the sources from whence such 
additions are derived ; the condition of them as to their safety, giving 
the amount thereof safely invested, unsafely invested, and unin- 
vested, and loss, at the date of said reports; giving also the amount 
of interest collected upon said funds within the year then ending, 
and the amount then due and unpaid. 

Sec. 104. The Board of County Commissioners shall annually, 
tit their June session, in [the] presence of the Auditor and Treas- 
urer, examine said reports, the accounts, and proceedings of 
said' officers in relation to said funds, and the r-evenue derived 
from them. They shall compare with said reports, the cash, the 
notes, mortgages, records, and books of said officers, with a view to 
ascertain the amount of said funds and their safety ; and do what- 
ever may be necessary to secure their preservation and the prompt 



GENERAL PROVISIONS. 35 

payment of the annual interest thereon as the same becomes due; 
and make up to said funds losses which have accrued or may 
accrue. 

Sec. 105. The County Commissioners, at said session, shall make 
out, for their respective counties, a report, in writing, of the result 
of such examination, showing : 

1st. The amounts of said funds at the close of the last year. 

2d. Amount added from sale of land within the year. 

3d. The number of acres of unsold Congressional Township 

School Lands, and the approximate value thereof. 

4th. The amount added from fines and forfeitures. 

5th. The amount added by the Commissioners of the Sinking 
I'und. 

6th. The amount added from all other sources. 

7th. The total amount of the funds. 

8th„ The amount refunded within the year. 

9th. The amount re-loaned within the year. 

10th. The amount safely invested. 

11th. The amount unsafely invested. 

12th. The amount uninvested at date of report. 
13th. Amount of fund lost since 1842. 

14th. Amount of interest collected within the year. 

15th. Amount of interest delinquent. 

And in said report, the Commissioners shall distinguish between 
the Congressional Township Fund and the Common School Fund, 
and in their account of the interest or revenues derived from said 
funds they shall observe the same distinction. 

Sec. 106. Such report shall be entered on the records of said 
Board; and copies thereof, signed by the members of the Board, 
the Auditor, and Treasurer, shall be transmitted to the Auditor of 
State and the Superintendent of Public Instruction. 

Sec. 107. County Auditors shall receive for their services in 
managing the School Funds the two per cent, damages accruing on 
all sales for non-payment of loans, two per cent, on all loans on 
which the mortgaged premises are advertised for sale and not sold, 
and *four per cent, on all disbursements of interest; and the 
County Treasurer shall receive one per cent, on all disbursements 
of interest and one per cent, on the amount of school tax disbursed ; 
and the sum of said per cent, on disbursements, thus ascertained, 
shall be paid in the same manner and out of the same revenue as 
other services of said officers are paid. 

Sec. 108. The following fees only shall be charged in cases of 
mortgage for loans : 

*This clause has been virtually repealed by the following provision in "An Act regulating^ the 
'Fees of Officers," etc., approved March 8, 1873 : 

"The Auditor shall be allowed one-fourth of one per cent, on all school funds disbursed by said 
-Auditor." 



36 SCHOOL LAWS OF IK DIANA. 

To each appraiser 50 cents. 

For recording mortgage $1 

For drawing mortgage -. $1 

For making borrower's affidavit.., 10 cents. 

For Clerk's certificate 50 cents. 

And Recorder's certificate and examining title^ each $1 

Which shall be paid by the borrower. 

Sec. 109.* There shall be two apportionments of the school 
revenue for tuition made in each year by the State Superintendent 
of Public Instruction — one on the fourth Monday in May and the 
other on the first day of January, unless the said day of the month 
should be Sunday, and, if so, on the day following. 

Sec. 110.* To enable the Superintendent to make said appor- 
tionments, and to ascertain the amount of said revenue collected and 
ready for that purpose, the Auditors of the several counties of the 
State shall, promptly, after making the settlements with the County 
Treasurer of their respective counties in March [April] for the 
amount collected on tax-list, and in December for the amount of 
delinquent tax collected, make report to said Superintendent of the 
precise amount of school revenue for tuition collected in their 
respective counties and ready for apportionment and distribution ; 
which report shall be verified by the oath or affirmation of the 
Auditor endorsed thereon. 

Note. — By an oversight, March was inserted into this law while April was- 
intended. Tlie settlements here referred to between Auditors and Treasurers are 
required by the law to be made on the third Monday in April. — (See Acts of 1867 
and 1873.) The reports of Auditors are required to be made promptly after the 
annual settlement. 

Sec. 111.* The first of said reports in each year shall not be 
delayed later than the third Monday in May, and the second not 
later than the twenty-fifth day of December. Said reports shall 
show — 1st, The amount of school tax collected since the last report, 
whether upon the current year's tax-list or delinquent tax. 2d» 
The amount of interest collected since the last semi-annual report, 
and the amount of any not previously reported, upon loans of 
Common School Funds, or on any indebtedness which is due or 
payable to said funds, arising from the sale of seminary property or 
otherwise. 3d, The amount derived from liquor licenses and 
unclaimed fees not previously reported. 4th, The total amount of 
school revenue thus collected and ready for apportionment. 5th,. 
The income derived from the Congressional Township School Fund,, 
including the interest on loans of said fund, and on deferred pay- 
ments for school lands which have been sold, and the rents and 
profits derived from the leasing or renting of any such lands, or 
otherwise. 6th, The amount of said income from the Congressional 
Township Fund on hand for distribution in parts of the townships- 

=-'As amended March U, 1807, and March 11, 1873. 



GENERAL PROVISIONS. 37 

in the adjacent counties, specifying the amount on hand for each of 
the several counties. 

Sec. 112. When the congressional township lies partly in one 
<;ounty and partly in another, the Auditor of the county in which 
the fund of such township is managed shall notify the Auditor of 
the county in which any portion is situated of the amount due to 
such portion. 

Sec. 118. On failure of any County Auditor to make his said 
semi-annual report in time for said apportionments, his county shall 
be subject to a diminution of |100 in the next apportionment of said 
revenue by the Superintendent. The sum thus withheld may be 
collected from said Auditor, in a suit before a Justice of the Peace, 
prosecuted in the name of the State, by any person living in said 
<jounty who has children enumerated for school purposes for the 
current year, who is aggrieved by said diminution. Said suit shall 
be commenced within two years from the time when said report was 
due, and not afterwards: Provided, Thdit said Auditor may dis- 
charge himself from liability to such suit by a certificate of the 
postmaster that said report was mailed in due time, together with 
his own affidavit of that fact. 

Sec. 114. The State Superintendent of Public Instruction shall, 
on the days fixed by section 109 of this Act for his apportionment 
of said revenue in each year, add to the sum total of said revenue 
in readiness in each county for apportionment the sum of twenty- 
five thousand dollars of the State's indebtedness to the schools; 
which addition shall continue to be made at each apportionment, 
until the whole of said indebtedness, together, with six percent, 
interest thereon from the time said indebtedness accrued, is paid ; 
the amount of which debt and interest shall be settled and adjusted 
by and between the Superintendent of Public Instruction and the 
Auditor of State. And after said addition, the Superintendent shall 
apportion the whole of said sum to the several counties of the State, 
according to the last enumeration of child'ren therein, with due 
reference to the diminutions provided for by sections 41 and 113 
of this Act, and without taking into consideration the revenue 
derived from the Congressional Township School Fund in such 
apportionment. 

Sec. 115. Said Superintendent shall make out and have printed 
a statement showing — 

First. The enumeration of children in each county. 

Second. The amount of school revenue ready for apportionment 
in each county, and the source from which the same is derived, in- 
cluding said addition from the State indebtedness. 

Third. The distributive share thereof apportioned to each county. 

A copy of said statement he shall file with the Auditor of State 
and Treasurer of State, and he shall forward a copy thereof, by 
mail, to each of the County Auditors, School Examiners [Co unty 
Superintendents], and County Treasurers of the State. 



38 SCHOOL LAWS OF INDIANA. 

Sec. 116. The Auditor of State shall, at the time of making 
the semi-annual settlements with the several County Treasurers, 
give them each a warrant on the State Treasury for the distributive 
share of said revenue apportioned to their respective counties, the 
amount of which shall be retained by said Treasurers out of the 
money or revenue in their hands ; and the balance ascertained to be 
due to the State, of ordinary State revenue or other revenue, 
together with said warrant, shall be paid into the State Treasury^ 
And the settlement between the respective County Treasurers and 
the Auditor of State, and the drawing of the warrant for the 
amount apportioned to their respective counties; the ascertainment 
of the balance payable into the State Treasury, and the payment of 
said balance, and retention by County Treasurer of his distributive 
share of school revenue, according to said apportionment, — shall be 
concurrent acts, and shall be done and performed in such a manner 
as to effect a complete semi-annual disbursement, from the State 
Treasury to the several counties of the State, of all the school reve- 
nues then apportioned to them, and as soon as practicable after the 
apportionment is made. 

Sec. 117. If at any time, from any cause whatever, an unappor- 
tioned balance of school revenue shall appear in the State Treasury, 
other than that which is nominally therein at [the] passage of this 
Act, the Superintendent of Public Instruction shall add said balance 
to the sum to be apportioned, and apportion it at the next succeed- 
ing apportionment after such balance so appears. 

Sec. 118.* The Auditor of each county shall, semi-annually, on 
the second Monday of June and on the last Monday in January, 
make apportionment of the school revenue, to which his county is 
entitled, to the several townships and incorporated towns and cities 
of the county ; which apportionment shall be paid to the School 
Treasurer of each township and incorporated town and city by the 
County Treasurer. And in making the said apportionment and dis- 
tribution thereof, the Auditor shall ascertain the amount of the Con- 
gressional township school revenue belonging to each city, town, 
and township; and shall so apportion the other school revenue as to 
equalize the amount of available school revenue for tuition to each 
city, town, and township, as near as may be, according to the enum- 
eration of children therein : Provided, however, That in no case 
shall the income of the Congressional Township School Fund 
belonging to any congressional township, or part of such township,, 
be diminished by such apportionment, or diverted or distributed to 
any other township; and report the amount apportioned to the 
Superintendent of Public Instruction, veriiied by affidavit. 

Sec. 119. There shall be elected by the qualified voters of the 
State, at a general election, a State Superintendent of Public Instruc- 
tion, who shall hold his office for two years. 



As amended March 11, 1867, and March 11, 1873. 



GENERAL, PEOVISIONS. 39' 

Sec. 120. His oflficial term shall commence on the fifteenth day 
of March succeeding his election. He shall take and subscribe the- 
oath prescribed by law; which proceeding shall in all things con- 
form to the law relative to the oaths of public officers. 

Sec. 121. The Superintendent shall be charged with the admin- 
istration of the system of Public Instruction and a general super- 
intendence of the business relating to the Common Schools of the 
State, and of the school funds and school revenues set apart and 
appropriated for their support. A suitable office shall be furnished 
for him, at the seat of government, at which the books, papers, and 
effects relating to the business of said office shall be kept ; and there 
he shall give reasonable attendance to the business and duties of 
the office. He shall render an opinion, in writing, to any school 
officer asking the same, touching the administration or construc- 
tion of the School Law. He is hereby authorized to employ two 
clerks for said office, at a rate of compensation not exceeding one 
thousand dollars for the first and eight hundred dollars for the 
second, to be paid as the clerks of the office of the Auditor of State 
are paid ; and the said sums are hereby annually appropriated for 
that purpose. 

Sec. 122. In the month of January in each year in which there 
is no regular session of the General Assembly, he shall make a brief 
report in writing to the Governor, indicating, in general terms, the 
enumeration of the children of the State for Common School pur- 
poses ; the additions to the permanent school fund within the year; 
the amount of school revenue collected within the year ; and the 
amounts apportioned and distributed to the schools. 

Sec. 123. At each regular session of the General Assembly, on 
or before the fifteenth day of January, said Superintendent shall 
present a biennial report of his administration of the system of 
public instruction, in which he shall furnish a brief exhibit — 

1st. Of his labors, the results of his experience and observation: 
as to the operation of said system, and suggest the remedy for 
observed imperfections. 

2d. Of the amount of the permanent school funds, and their gen- 
eral condition as to safety of manner of investment; the amount of 
revenue annually derived therefrom, and from other sources; esti- 
mates for the following two years ; and the estimated value of all 
other property set apart or appropriated for school purposes. 

3d. Of such plans as he may have matured for the better organi- 
zation of the schools, and for the increase, safe investment, and. 
better preservation and management of the permanent school funds, 
and for the increase and more economical expenditure of the reve- 
nue for tuition. 

4th. He shall present a comparison of the results of the year 
then closing with those of the year next preceding, and, if deemed 
expedient, of years preceding that, so as to indicate the progress 
made in the business of public instruction. 



40 SCHOOL LAWS OF INDIANA. 

5th. He shall furnish such other information relative to the 
system of public instruction — the schools, their permanent funds, 
annual revenues, etc. — as he may think to be of interest to the Gen- 
eral Assembly. 

He shall append to said reports statistical tables, compiled from 
the materials transmitted to his office by the -proper officers, with 
proper summaries, averages, and totals appended thereto. He shall 
append a statement of the semi-annual collections of school revenue, 
and his apportionment thereof; and, when he deems it of sufficient 
interest so to do, he shall append extracts from the correspondence 
of school officers, tending to show either the salutary or defective 
operation of the system or of any of its parts ; and shall cause ten 
thousand copies to be printed and distributed to the several counties 
of the State. 

Sec. 124. He shall visit each county in the State at least once 
during his term of office, and examine the Auditor's books and 
records relative to the school funds and revenues, with a view to 
ascertain the amount and the safety and preservation of said funds 
and revenues; and, for that purpose, he shall have access to, and 
full power to require for inspection the use of, the books and papers 
of the Auditors' offices. And whenever he may discover that any 
of the school funds are unsafely invested, and unproductive of 
school revenue, or that any of the school revenues have been 
diverted from their proper objects, he shall report the same to the 
General Assembly ; meeting with such of the school officers as may 
^attend his appointment; counseling with the teachers; and lecturing 
upon topics calculated to subserve the interests of popular education. 

Sec. 125. He shall receive, for traveling and other expenses 
while traveling on the business of the Department, a sum not ex- 
ceeding six hundred dollars per annum ; and an appropriation of 
that amount is hereby made for that purpose, annually. 

Sec. 126. He shall exercise such supervision over the school 
funds and revenues as may be necessary to ascertain their safety, 
and secure the preservation and application to their proper object; 
and cause to be instituted, in the name of the State of Indiana, for 
the use of the proper fund or revenue, all suits necessary for the 
recovery of any portion of said funds or revenues. And it is hereby 
made the duty of the proper Circuit Prosecuting Attorney to pros- 
ecute all such suits at the instance of the Superintendent, and with- 
out charge against said funds or revenue. 

Sec. 127. He may require of the County Auditors, School 
Examiners [County Superintendents], County Treasurers, Trustees, 
Clerks, and Treasurers, copies of all reports required to be made by 
them, and all such other information in relation to the duties of 
their respective offices, so far us they relate to the condition of the 
school funds, revenues, and property of the Common Schools and 
the condition and management of such schools, as he may deem 
important. 



GENERAL PROVISIONS. 41 

Sec. 128. He may prepare, and transmit to the proper officers, 
suitable forms and regulations for making all reports, and the nec- 
essary blanks therefor, and all necessary instructions for the better 
organization and government of Common Schools, and conducting 
::all necessary proceedings under this Act. 

Sec. 129. He shall cause as many copies of the Acts of the 
Oeneral Assembly in relation to the Common Schools or the school 
funds, with necessary forms, instructions, and regulations, to be 
•from time to time printed, and distributed among the school town- 
ships, as he shall deem the public good requires. 

Sec. 130. He shall supply each Common School Library with 
the Legislative and Documentary Journals, and the Acts of each 
session of the General Assembly, and, his own annual reports ; and 
at the expiration of his term of office shall deliver to his successor 
possession of the office, and all books, records, documents, papers, 
;and other articles pertaining or belonging to his office. 

Sec. 131. Kepealed by Act approved March 9, 1867. [This re- 
pealed section levied a tax of one-tenth of a mill on each dollar of 
taxable property.] 

Sec. 132. The said taxes are hereby appropriated, and shall be 
applied exclusively to the purchase of books, for the township school 
libraries, under the direction of the State Board of Education ; but 
no sectarian or strictly party work shall be admitted into said 
libraries. 

Sec. 133. The amount of said taxes, when collected, shall be 
paid by the County Treasurers to the Treasurer of State at the time 
of making their annual settlements, and shall be paid out by that 
officer upon the warrant of the Auditor of State. 

Sec. 134. The Superintendent of Public Instruction shall super- 
intend the purchase of books for township libraries, under such reg- 
dlations as the State Board of Education may adopt, and report to 
said Board his proceedings in relation thereto ; and said Board shall 
■order the issuing of the warrants by the Auditor of State for the 
[payment of said purchase from said library revenue. 

Sec. 135. The State Board of Education shall, when such libra- 
ries have been received, cause the same to be distributed to the sev- 
eral townships in the State, under the direction of the State Super- 
intendent, who shall apportion the same according to the school 
^population of the townships: Provided, hoivever, That existing in- 
•equalities in township libraries shall first be corrected, and that an 
'equal allotment be made to each of the State Prisons as is distributed 
to townships. 

Sec. 136. Such libraries shall be in charge of the Township 
Trustees, shall be deemed the property of the township, and shall 
mot be subject to sale or alienation from any cause whatever. 

Sec. 137. Such Trustee shall be accountable for the preserva- 
tion of said libraries; may prescribe the time of taking and the 
|)eriod of retaining books ; assess and recover damages done to them 
hy any person ; and adopt regulations necessary for their preserva- 



42 SCHOOL LAWS OF INDIANA. 

tion and usefulness. He shall provide book-eases ; and blank books^ 
ruled, in which to keep an account of books taken out and returned ; 
and report the number each year to the Examiner [County Superin- 
tendent] ; and at the commencement of each school term, at each 
school-house in their respective townships, shall cause a notice to be 
posted up, stating where the library is kept, and inviting the free 
use of the books thereof by the persons of their respective townships. . 

JToTEs. — This section assigns the management and preservation of the town- 
ship library to the Township Trustee. The Trustee's duties in these particulars are 
specifically set forth in this section as follows: 

1. The prescribing of rules and regulations for management of the library. 

2. The providing of suitable book-cases and rooms for library. 
8. The appointment of a librarian. 

4. An announcement at the opening of each term of school throughout the 
township, giving the needed information concerning the location of the library and 
the rules governing the same. 

It is hoped Trustees will faithfully carry out these provisions, it being of the 
first importance that these books be both read and preserved. 

Trustees should promptly assess and collect damages for injury or loss of books.. 
or require the librarian to do the same. 

Sec. 138. Every family in the township shall be entitled to the- 
use of two volumes at a time from said library, whether any mem- 
ber of such family shall attend school or not. 

Sec. 139. The Trustees may deposit the library at some central 
or eligible place in the Township, for the convenience of scholars 
and families, and they may appoint for that purpose a librarian to 
have the care and superintendence thereof. 

Note. — Libraries need not of necessity be located at the geographic centre of 
t.he township, but rather at the place most convenient to the greatest number of 
citizens. Neither need they always be kept in the same place, but may, if the 
Trustee shall deem best, be changed as the wants of the community require. 

Sec. 140. The library shall be open to all persons entitled to 
its privileges throughout the year, without regard to school session; 
Sundays and holidays excepted. 

Note. — It is no compliance with the provisions of this section to keep the- 
library open one or two days in the week, and closed at all other times. Sundays 
and holidays are all the times when the library may be legally closed. 

Sec. 141. The books, papers, and accounts of any Trustee, rela- 
tive to schools, shall at all times be subject to the inspection of the 
School Examiner [County Superintendent], the County Auditor, 
and the Board of County Commissioners of the proper county. 

Notes. — County Superintendents may, by exercise of the authority conferred 
by this section, materially assist Trustees in keeping correct accounts, and thug 
secure accuracy in a part of our statistics, the most important perhaps, and pecu- 
liarly subject to errors. County Superintendents are, therefore, advised to exercise- 
such supervision of Trustees' accounts as they may find necessary to secure perfect 
accuracy. 

The power of the County Superintendent seems rather designed to prevent than 
to correct errors. This latter authority is vested, by section 143, in the Board of 
County Commissioners. 

It will seldom be necessary for the County Superintendent to summon a Trustee 
to bring his books before him. The necessary inspection can usually be made 
during the County Superintendent's official visits, or at other convenient times., 
-when the Trustee will not be needlessly annoyed by it. 



GENERAL PROVISIONS. 43 

Sec. 142. For the purpose of such inspection, said Examiner 
[County Superintendent,] Auditor, and Board of County Commis- 
sioners, may, by subpoena, summon before them any Trustee, and 
require the production of such books, papers, and accounts, three 
days' notice of the time to appear and produce them being given. 

Sec. 143. If any such books and accounts have- been imperfectly 
kept, said Board of Commissioners may correct them, and, if fraud 
appear, shall remove the person guilty thereof. 

Sec. 144. Process in such suits against a school township, town, 
or city shall be by summons, executed by leaving a copy thereof" 
with the Trustee of such township, town, or city ten days before the 
return day thereof; and in case of an appeal, similar notice of the 
time of hearing thereof shall be given. 

Sec. 145. Suits brought on behalf of the school of any town- 
ship, town, or city shall be brought in the name of the State of 
Indiana, for the use of such township, town, or city. 

Sec. 146. Any person who shall sue for or on account of any 
decision, act, refusal, or neglect of duty of the Township Trustee, 
for which he might have had an appeal according to the provisions 
of the preceding section, shall not recover costs. 

Sec. 147.* The Common Schools of the State shall be taught 
in the English language; and the Trustee shall provide to have 
taught in them orthography, reading, writing, arithmetic, geography, 
English grammar, physiology, history of the United States, and 
good behavior, and such other branches of learning and other lan- 
guages as the advancement of pupils may require and the Trustee 
from time to time direct ; and that whenever the parents or guar- 
dians of twenty-five or more children in attendance at any school of 
a township, town, or city, shall so demand, it shall be the duty 
of the School Trustee or Trustees of said township, town, or 
city, to procure efficient teachers, and introduce the German lan- 
guage, as a branch of study, into such schools ; and the tuition in 
said schools shall be without charge: Provided, Such demand is 
made before the teacher for said district is employed. 

Notes. — The German, Latin, and other languages may be taught in the Com- 
mon Schools, provided the schools be taught in the English language, and all text- 
books be printed in English save those necessary to instruction in other languages. 
Trustees, when satisfied that the advancement of pupils demands it, may pro- 
vide for instruction in branches other than these enumerated in this section. 

Sec. 148. The County Commissioners of each county are re- 
quired to conform the boundary of their civil townships to those oF' 
congressional townships, so far as it is practicable to do so. 

Sec. 149. The proper Trustee may, whenever a school-house 
shall have been removed to a different location, or a new one 
erected for the school in a different place, if the land whereon the 
same is situated belongs unconditionally to the township, town, or 

*As amended May 6, 1869. 



44 SCHOOL LAWS OF INDIANA. 

city, sell the same, when, in his opinion, it is advantageous to the 
township, town, or city so to do, for the highest price that can be 
obtained therefor; and upon the payment of the purchase money 
[to the township, town, or city Treasurer, he shall execute to the 
purchaser] a deed of conveyance, which shall be sufficient to vest 
in such purchaser all the title of such township, town, or city 
thereto. The money derived from such sales shall be a part of the 
special school revenue. 

Sec. 150. When any officer authorized to sell school lands shall 
have sold any lauds without a title thereto, such officer, or his suc- 
cessor in office, may convey such other lands of equal value as may 
be agreed upon by such officer and the purchaser, his heirs or 
assigns; or, failing to make such agreement, [the purchase money, 
with interest, shall be repaid to] the purchaser, his heirs, executors, 
administrators or assigns ; but no such purchase money shall be 
thus repaid until the proper Prosecuting or District Attorney shall 
have investigated the facts of the case and certified to the correct- 
ness of the claim. 

Sec. 151. The County Auditors of the several counties of this 
State shall, immediately upon the taking effect of this Act, open an 
account upon their books with each of the congressional townships 
of their respective counties whose funds are managed by them, 
and transfer to such account, from the Common School Fund 
account, the principal of the Congressional Township Fund, as it 
existed before its consolidation with the Common School Fund ; and 
shall thereafter keep a separate account of the principal and inter- 
est of the Congressional Township Fund of each township. 

Sec. 152. Where the whole of the school funds of a county 
have been loaned, the Auditor will apportion to each congressional 
township a sufficient number of mortgages to cover the principal 
of its Congressional Township Fund; and where a part of the 
school funds only are loaned, the Auditor will so apply a propor- 
tional amount; and the cash on hand, when loaned, shall be for the 
benefit of the congressional townships, respectively, to the amount 
of the entire principal of their Congressional Fund ; and in all 
loans made after the taking effect of this A.ct, the note and mortgage 
. shall specify the particular fund borrowed. 

Sec. 153.* The Governor of the State, the State Superintend- 
ent of Public Instruction, the President of the State University, 
the President of Purdue University, the President of the State Nor- 
mal School, the Superintendents of Common Schools of the three 
largest cities iu the State, shall constitute a Board, to be denominated 
the Indiana State Board of Education. The size of the cities shall, 
for this purpose, be determined by the enumeration of children for 
:School purposes, annually reported by County Superintendents to 
the Superintendent of Public Instruction. The Superintendent of 



*As amended February 2.1, 1875. 



GENEKAL PliOVISIOJ^S. 45» 

Public Instruction shall, ex officio, be president of the Board, and in 
his absence the members present shall elect a president 'pro tempore. 
The Board shall elect one of its members secretary and treasurer,. 
who shall have the custody of its records, papers, and effects, and 
shall keep minutes of its proceedings : Provided, That such records, . 
papers, effects, and minutes shall be kept at the office of the Super- 
intendent, and shall be open for his inspection. The said Board 
shall meet, upon the call of the president or a majority of its mem- 
bers, at such place in the State as may be designated in the call ; 
and shall devise, adopt, and procure a seal, on the face of which 
shall be the words, " Indiana State Board of Education," and such 
other device or motto as the Board may direct — an impression and 
written description of which shall be recorded on the minutes of 
the Board and filed in the office of the Secretary of State; which 
seal shall be used for the authentication of the acts of the Board 
and the important acts of the Superintendent of Public Instruction. 

Sec. 154. Said Board, at its meetings, shall perform such duties 
as are prescribed by law, and may make and adopt such rules, by- 
laws, and regulations as may be necessary for its own government, 
and for the complete carrying into effect the provisions of the next 
section of this Act, and not in conflict with the laws of the State ; 
and shall take cognizance of such questions as may arise in the 
practical administration of the school system as are not otherwise 
provided for, and duly consider, discuss, and determine the same. 

Sec. 155. Said Board may grant State Certificates of Qualifi- 
cation to such teachers as may, upon a thorough and critical exam- 
ination, be found to possess eminent scholarship and professional 
ability, and shall furnish satisfactory evidence of good moral char- 
acter. They shall hold stated meetings, at which they shall exam- 
ine all applicants, and those found to possess the qualifications 
herein above named shall receive such certificate, signed by the 
president of the Board, and impressed with the seal thereof; and 
the said certificate shall entitle the holder to teach in any of the 
schools of the State without further examination, and shall also be 
valid during the lifetime of said holder, unless revoked by said 
Board. Each applicant for examination shall, on making appli- 
cation, pay to the treasurer of the Board five dollars as a fee. 

Sec. 156.* The members of said Board, other than the Gov- 
ernor and State Superintendent of Public Instruction, shall be 
entitled to receive for their services, while actually engaged in the 
duties of their office, five dollars per day and five cents per mile 
necessarily traveled while so engaged ; which amount shall be certi- 
fied by the Board to the Auditor of the State, who shall draw his 
warrant therefor, payable out of the general fund, which sum shall 
be reimbursed to the general fund by the treasurer of the Board 
paying into it that amount out of the money reeeived by him as- 

*As amended March 8, 1S73. 



46 SCHOOL LAWS OF INDIANA. 

fees for certificates; and if there is any residue of money received 
as such fees, it shall be expended by the Superintendent of Public 
Instruction in the purchase of suitable books for an office library. 
Said Board shall be allowed the necessary expenses incurred in the 
discharge of the duties required of the same, for clerk hire, postage, 
etc. ; which expenses shall be paid as the expenses of the members 
of the Board are paid. 

Sec. 157. The title to all lands acquired for school purposes 
shall be conveyed to the township, incorporated town, or city for 
which it is acquired, in the corporate name of such township, town, 
or city, which is used for school purposes, for the use of Common 
Schools therein. In all cases in which the title to any such land is 
vested in any other person or corporation than as above provided, 
it shall be the duty of [the] Trustee for school purposes of the town- 
ship, town, or city to procure the title to be vested as above, in this 
section, provided. 

j^Q-jES. — Where a town is incorporated within the limits of a school township, 
a school-house situated within the limits of the town passes under the control of the 
School Trustees of the town. — (Carson vs. The State, 27 Ind., 465.) 

Two or more distinct municipal corporations for school purposes may unite and 
build up a joint graded school. — (See supplemental section b, under section 10.) 

Sec. 158. When a school-house is unoccupied by a Common 
School of the State, and the people who form the school at such 
house desire that a private school be taught therein, and a majority 
of them make application to the Trustee having charge of such 
house for the use of it for such private school, it shall be the duty 
of the Trustee to permit said school-house to be used for such private 
school by such teacher as may be mentioned in the application, and 
not for a longer time than until said house may be wanted for a 
public school ; and such permission and use shall be upon the con- 
dition that the teacher employed in said school shall report, in 
writing, to the Trustee : First, The number of teachers employed, 
distinguishing between male and female; Second, The number of 
pupils admitted into the school within the term, and the average 
daily attendance ; Third, The cost of tuition, per pupil per month, 
in said school. 

Notes — It is not the intention of this section to deny the Trustee the right to 
permit the use of a school-house for a private school, in the absence of a petition, 
unless there shall be a protest of a majority of the district against such use. 

In order to secure proper qualification on the part of the teacher, it % recom- 
mended that, other things being equal, the house be let to a teacher holding a valid 

license. 

When a private school is to be taught in a public school-house, the Trustee 
should require the teacher to deposit five dollars with him as a guarantee that he 
will make and file with the proper Trustee the report required in this section. 
When such report is made, the Trustee should refund the money so deposited. 

The teacher occupying a school-house under such petition, thereby obligates 
himself to comply with the condition contained in the law as to reporting. 

The Trustee has no discretion as to permitting the use of a school-house for a 
private school, when applied for as provided in this section. He must permit the 
use. 



GENERAL PROVISIONS. 47 

Sec. 159. In order to the encouragement of " Teachers' Insti- 
tutes/' the several County Auditors of the several counties of this 
•State shall, whenever the County School Examiner [County Super- 
intendent] of their county shall file with said Auditor his official 
statement, showing that there has been held, for five days, a Teach- 
ers' Institute in said county, with an average attendance of twenty- 
five teachers, or of persons preparing to become such, draw his 
warrant in favor of said School Examiner [County Superintendent] 
on the County Treasurer, for thirty-five dollars; and in case there 
should be an average attendance of forty teachers, or persons pre- 
paring to become such, then the said County Auditor shall draw his 
warrant on the Treasurer for fifty dollars, for the purpose of defray- 
ing the expenses of said Institute : Provided, however, That but one 
of said payments be made in the same year. 

Notes. — The money drawn from the county treasury in accordance with this 
section, is to be used in defraying the necessary expenses of the Institute; such as, 
employment of efficient instructors, lecturer's expenses, printers' bills, and the like. 

County Superintendents ought to provide lecturers and teachers to the full extent 
of their resources in conducting Institutes, 

While the law does not require a report to the County Commissioners, yet it 
would no doubt be satisfactory to them to have a statement of the receipts and 
expenditures incurred in conducting such Institutes. 

Sec. 160. When any such Institute is in session, the Common 
Schools of the county in which said Institute shall be held shall be 
closed during the session of said Institute. 

Notes.— The County Superintendent should notify the School Trustees of the 
time when the Institute will be held, and they should cause the schools of their 
respective corporations to be closed, as required in this section. 

A teacher, by his contract, binds himself to be governed in the management of 
his school by the school laws of the State. 

Sec. 161. The several County School Examiners [Superintend- 
ents] are hereby required, as a part of their duty, to hold, or cause to 
be held, such Teachers' Institutes at least once in each year in their 
respective counties. 

Notes. — This is no discretionary power conferred upon the County Superin- 
tendent, but a positive legal obligation. 

In case the County Superintendent is inexperienced in the managementof an 
Institute, it is recommended that, when practicable, the services of an experienced 
Institute holder should be secured. 

Sec. 162. If any parent, guardian, or other person, from any 
cause, fancied or real, visit a school with the avowed intention of 
upbraiding or insulting the teacher in the presence of the school, 
and shall so upbraid or insult a teacher, such person, for such con- 
duct, shall be liable to a fine of not more than twenty-five dollars ; 
which, when collected, shall go into the general tuition revenue. 

Sec. 163. A school term of three months shall be sixty days, a 
school month twenty days, and a school week five days. 

Note.— The law does not define a school day, but custom has fixed its limit at 

six hours, exclusive of the noon recess. This ia perhaps long enough for pupils of 

■ any age, and too long for the youngest, unless they are relieved by frequent recesses. 



48 SCHOOL LAWS OF INDIANA. 

Sec. 164. Appeals shall be allowed from decisions of the Trus- 
tees relative to school matters to the School Examiners [County- 
Superintendents], who shall receive and promptly determine the 
same according to the rules which govern appeals from Justices of 
the Peace to Common Pleas or Circuit Courts, so far as such rules 
are applicable ; and their decisions of all local questions relating to- 
the legality of school meetings, establishment of schools, and the 
location, building, repair, or removal of school-houses, or transfers 
of persons for school purposes, and resignation and dismissal of 
teachers, shall be final. 

Notes. — When an appeal is taken from a decision of a Township Trustee, he 
should make a transcript of his record ; which, with all papers in the case, should 
be certified and filed with the County Superintendent. 

It is a rule that an appeal from the judgment of a Justice of the Peace to the 
Common Pleas or Circuit Court must be taken within thirty days. 

It is also a rule that an appeal may be granted by the appellate after the expira- 
tion of thirty days, when the party seeking an appeal has been prevented from, 
taking the same by circumstances not under his control. Both these rules are 
applicable in appeals from Trustees to County Superintendents, and from County 
Superintendents to the Superintendent of Public Instruction. 

No bond is necessary in an appeal from a Trustee to the County Superintendent • 
a bond, however, seems contemplated by law in appeals from the County Superin- 
tendent to the Superintendent of Public Instruction. 

When an appeal is taken from a decision of a Trustee to the County Superinr 
tendent, the former must, within twenty days, file a certified transcript of his pro- 
ceedings, with all papers in the case, with the County Superintendent; and in case 
of appeal from the County Superintendent to the Superintendent of Public Instruc- 
tion, the transcript and papers must likewise be filed within twenty days. 

The statute making the decisions of the County Superintendent final on appeal 
in all cases relating to the location, building, repair, or removal of school-houses^ 
and the transfer of persons for school purposes, does not embrace questions of fraud 
in contracts for building school-houses. Of these the Circuit Court has Jurisdic- 
tion. — (The State, etc. vs. Earhart and another, 27 Ind., 119.) 

Sec. 165. Appeals shall be allowed from the decisions of the 
School Examiner [County Superintendent] to the Superintendent of 
Public Instruction, on all matters not otherwise provided for in the 
next preceding section; and the rules that govern appeals from 
Justices of the Peace to the Common Pleas or Circuit Courts, as to 
the time of taking an appeal, giving bond, etc., shall be applicable 
in appeals from the School Examiner [County Superintendent] to 
the Superintendent of Public Instruction. 

Notes. — In case of an appeal from a decision of the County Superintendent, he 
should make a transcript of his record of the case; which, with all papers in the 
case, should be certified, and, with the required bond, be filed with the Superinten- 
dent of Public Instruction. 

No provision has been made to compel the attendance of witnesses in the appeals 
provided for in sections 164 and 165. Each party must therefore procure the 
attendance of its own witnesses. 

Sec. 166. School officers are hereby authorized and empowered 
to administer all oaths relative to school business appertaining to 
their respective offices. 

Sec. 167. The Bible shall not be excluded from tke public 
schools of the State. 



GENERAL PROVISIONS. 4^ 

Notes.— No school authorities have the right to prevent the teacher from using 
Ihe Bible in his school, and none have the right to compel him to use it. 

The privilege of introducing]the Bible into the free schools of the State is fully 
.secured by this section. Most christian teachers will be disposed to read the Scrip- 
tures daily in their schools. 

The Bible should be made the standard of morals in the public schools. 

Teachers should not inculcate in their schools religious dogmas, but Chriatian 
fai^ and morals. 

Sec. 168. All laws heretofore enacted on the subject of Common 
Schools, and all other laws and parts of laws in conflict with this 
Act, are hereby repealed. 

Sec. 169. [Declares an emergency.] 



.-AN A.CT concerning the Loaning of the Common School Fund and the Congres- 
sional Township School Fund. 

[Approved April 14, 1881.] 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That an applicant for a loan of a part of the Common 
School Fund, or the Congressional Township School Fund, shall 
file with the Auditor of the county the certificate of the Clerk and 
"Recorder of the county, that there is no incumbrance on the land 
-oifered as a security for the loan in either of said offices : Provided, 
That where the records, books, and papers of the Clerk's office have 
been destroyed by fire, the Clerk's certificate shall only state the 
fact and date of such destruction, and that there is no incumbrance on 
said land appearing from any of the records, books, and papers then 
on file in his office, and that there is no incumbrance on said land in 
his office of which he has any knowledge. And the applicant shall 
also, in such case, execute to the State of Indiana, for the benefit of 
the Common School Fund, a bond, with one or more freehold sure-^ 
ties to the approval of the Auditor, conditioned for the payment of 
so much of the loan as may be lost by reason of any incumbrance or 
lien upon the land which was evidenced by the records, ^books, or 
papers in the Clerk's office which have been destroyed. 

Sec. 2. [Declares an emergency.] 



^,0 SCHOOL 1.AMB- OF IKDJANA, 



AN ACT incorporating School Townships ; defining their Powers ; requiring- dke:- 
title of School Lots to be vested in the Corporate Name of the Township, Town.^. 
or City in which the same is situate ; authorizing Public School-Hooses to be- 
occupied for Private Schools, and also for other Meetings ; and to authorize tbe- 
Common Council or Aldermen of a City,, and the Trustees of an Incorposateti 
Town, to levy all Taxes for Schools and the building and repair of School-- 
Housee; and to repeal all laws inconsistent with this Act.. 

[Approved Maech 3, 1859.] 

Note. — Sections 1 to 5, inclusive, were repealed by the Act:of March 6j 186-5. 

Section 6 * If a majority of the legal voters of any sehoo]' 
district desire the use of the school-house of such district for other • 
purposes than Common Schools, when unoccupied for Commoii 
School purposes, the Trustee shall,, upon such application, authorize- 
the Director of such school district to permit the people of such dis- 
trict to use the house for any such purpose, giving e(jual rights and 
privileges to all religious denominations and political parties without 
any regard whatever to the numerical strength of any religious- 
denomination or political party of such district. 

Sec. 7. Repealed by the Act of March 6, 1865... 

Sec. 8. All laws inconsistent with this Act are herel>y repealed^ 



AN ACT to render Taxation for Common School purposes uniform ; and to provide- 
for the Education of the Colored Children of the- State. 

[Approved May 13, 1869.] 

Section 1. Be ii enacted by the General Assembly of the Staie- 
oj Indiana, That in assessing and collecting taxes for school pur- 
poses under existing laws, all property, real and personal, subject tc- 
taxation for State and county purposes, shall be taxed for the sup- 
port of Common Schools, without regard to the race or color of the- 
owner of the property. 

Sec. 2. All children of the proper age, without regard to the 
race or color, shall hereafter be included in the enumeration of the- 
children of the respective school districts, townships, towns, and 
cities of this State for school purposes ; but in making such enumer- 
ation, the officers charged by law with that duty shall enumerate the- 
colored children of proper age who may reside in any school district 
in a separate and distinct list from that in which the other school 
children of such school district shall be enumerated. 



■-:■ S ( tion 6 ol this Act having been quotei in a recent decision of the Saprc ne Court, it is deeia^d': 
to be in foice. 



GENEEAL PROVISIONS. 51 

Sec. 3.* The Trustee or Trustees of such township, town, or 
city, may organize the colored children into separate schools of the 
township, town, or city, having all the rights, privileges, and advan- 
tages of all other schools of the township, town, or city : Provided^ 
That in case there may not be provided separate schools for the col- 
ored children, then such colored children shall be allowed to attend 
the public schools with white children : And Provided, further, That 
where any child attending such colored school shall, on examination 
and certificate of his or her teacher, show to the Trustee or Trustees 
.of any township, town, or city, that they have made sufficient 
advancement to be placed in a higher grade than that afforded by 
such colored school, he or she shall be entitled to enter the school 
provided for white children of a like grade, and no distinction shall 
therein be made on account of race or color of such colored child. 

Sec. 4. All laws relative to school matters, not inconsistent, 
with this Act, shall be deemed applicable to colored schools. 

Sec. 5. [Declares an emergency.] 



CITIES AND INCORPORATED TOWNS. 



AN ACT providing for a General System of Common Schools in all Cities of 
thirty thousand or more inhabitants ; and for the Election of a Board of School 
Commissioners for such Cities, and defining their Duties and prescribing their 
Powers; and providing for Common School Libraries within such Cities. 

[Approved March 3, 1871,] 

Section 1. Be it enacted by the General Assembly of the State 
Indiana, That in all cities of this State of thirty thousand or more 
inhabitants according to the United States census for the year 
eighteen hundred and seventy, there shall be elected, by the qualified 
electors of each school district of such city, one School Commis- 
sioner, to serve as a member of the Board of School Commissioners 
of such city. The first regular election for School Commissioners, 
under this Act, shall be held on the second Saturday in June, in the 
year eighteen hundred and seventy-one, at the places to be fixed oa 
for holding such election in the school district of such city by the 
Common Council. All elections for School Commissioners shall be 
held in the same manner as elections are now held, and shall be 
governed by the same laws that now govern general and municipal 
elections. And the persons declared elected shall have issued to 



"As amended, Marcli'5, 1877. 



52 SCHOOL LAWS OF INDIANA. 

them, by tbe City Clerk, certificates of election ; and they shall, 
within ten days thereafter, take an oath of office, and file the same 
with the City Clerk. All regular elections for School Commission- 
^ers shall, thereafter, be held, annually, on the second Saturday in 
June. 

Sec. 2. It is hereby made the duty of the Common C.)uncil of 
-any such city, on or before the first Monday in May, 1871, by ordi- 
-Bance, to district the city into as many school districts as there are 
■wards, and to define the boundaries of each district, and such bound- 
aries may be the present ward boundaries, or otherwise, as the Com- 
mon Council may determine. Such school district shall, however, 
be subject to change by the Board of School Commissioners at any 
"time after its organization ; and in case the number of districts is 
increased, each additional district shall be entitled to elect one School 
Commissioner for such district at the annual election for School 
Commissioners. And the Common Council shall, at the time such 
ordinance is adopted creating such districts, order an election to 
be held in each of such districts for School Commissioners thereof, 
on the second Saturday in June following; and shall direct the City 
Clerk to give ten days' notice thereof in some daily newspaper of 
such city. 

Sec. 3. On the first Monday in July following the first election 
-of School Commissioners herein provided for, such School Commis- 
sioners shall assemble at the office of the Board of School Trustees 
of such city, and proceed to organize the Board of School Commis- 
sioners of such city, by electing one of their number as a president, 
^ne of their number as a treasurer, and one of their number as a 
secretary ; each of which officers shall serve for one year, and until 
his successor is elected and qualified. The members of such Board 
of School Commissioners shall then determine, by lot, which three 
of their number shall hold office for three years, and which three 
shall hold office for two years; and after having so determined, the 
president of the Board shall issue to the persons so determined, 
certificates entitling them to hold office for the terms respectively 
allotted ; and the remaining members shall receive, from the presi- 
dent of the Board, certificates showing that each is entitled to hold 
office for one year; and all persons elected as School Commissioners 
at the annual elections thereafter shall be entitled to hold office for 
three years each. All vacancies occurring at any time prior to the 
annual election shall be filled by a ballot vote of a majority of the 
members of such Board ; and the persons so elected to fill such 
vacancies shall serve until the next annual election for School Com- 
missioners. All persons elected at any regular annual election, or 
by the Board to fill any vacancy, shall serve until their successors 
are elected and qualified. It is hereby made the duty of the Board 
of School Trustees in office at the time of the organization of the 
Board of School Commissioners, to at once turn over to the Board 
of School Commissioners all books and papers pertaining to their 



CITIES AND INCOEPORATED TOWNS. 5S 

trust, and to place in possession of the Board of School Commission- 
ers all moneys, title papers, and property belonging to the School 
Trustees or [of] Common Schools of such city ; and such Board of 
School Trustees, shall thereafter cease to perform any and all duties 
whatever connected with the schools of such city. 

Sec. 4. Such Board of School Commissioners is hereby author- 
ized : 

1. To district the city for the purpose of electing School Com- 
missioners therein, and also to subdivide the city for general school 
purposes. 

2. To levy all taxes for the support of the schools within such 
city, including such taxes as may be required for paying teachers in 
addition to the taxes now authorized to be levied by the Geueral 
Assembly of this State by the general laws thereof: Provided, No 
srch tax levy in any one year shall exceed the sum of twenty-five 
cents on each one hundred dollars of the taxable property, as assessed, 
for city taxes by the City Assessor, for purchasing grounds, build- 
ing school-houses, and furnishing supplies for such buildings ; or 
twenty-five cents on each one hundred dollars of such taxable pro- 
perty, for the purpose of paying teachers. 

3. To levy a tax each year of not exceeding one-fifth of one 
mill on each dollar of taxable property assessed for city taxes by 
the City Assessor, for the support of free libraries in connection 
with the Common Schools of such city ; and to disburse any and all 
revenue raised by such tax levy in the purchase of books for, and 
in the fitting up of suitable rooms for, such libraries, and for salaries 
to librarians; also to make and enforce such regulations as they 
may deem necessary for the taking out from and returning to, and 
for the proper care of all books belonging to, such libraries, and to 
prescribe penalties for the violation of such regulations. 

4. To examine, either by a committee of such Board of School 
Commissioners, or by an officer of such Board, selected for that pur- 
pose, all teachers applying for positions in the schools of the city y 
and to license such as may be qualified — such license to be limited to 
the city in which the same is granted. 

5. To purchase grounds, construct school buildings, purchase 
supplies, employ and pay teachers, appoint Superintendents, and 
disburse, through the treasurer of the Board of School Commis- 
sioners, moneys for all school and library expenses. 

6. To require the treasurer of the Board of School Commis- 
sioners to give bond in such sum, and with such surety, as the Board 
may determine, for the faithful discharge of his duties, and for the 
safe keeping and faithful accounting for all moneys that may come 
into his hands as such treasurer. 

7. To establish and enforce regulations for the grading of and 
course of instruction in the schools of the city, and for the govern- 
ment and discipline of such schools. 

8. To prepare, issue, and sell bonds to secure loans, not exceeding 



54 SCHOOL LAWS OF INDIANA. 

in the aggregate the sum of one hundred thousand dollars, in antici- 
pation of the revenue, for building school-houses, to bear such rate 
of interest, not exceeding ten per cent, per annum, and payable at 
such time, within five years from date, as the Board may determine ; 
and the money obtained as a loan on any such bonds shall be dis- 
bursed by order of such Board, in payment of expenses incurred in 
building school-houses : Provided, That until all the bonds of any one 
issue shall have been redeemed, such Board shall not be authorized 
to make another issue; nor shall any such bonds be sold at a less 
rate than ninety-five cents on the dollar. 

Sec. 5. All levies of taxes made by order of the Board of School 
Commissioners shall be certified by its president and secretary to 
the City Clerk, who shall cause the same to be placed on the tax 
duplicate against all property assessed for city taxes; and the City 
Treasurer shall collect the same as city taxes are collected, and shall, 
once in each month, pay over all such taxes so collected to the treas- 
urer of the Board of School Commissioners of such city. All taxes 
hereafter collected by the County Treasurer for school purposes on 
levies hereafter made, and all moneys that may be hereafter distrib- 
uted as part of the Common School Fund by county officers, to which 
the Common Schools of such city shall be entitled, shall be paid 
over by the County Treasurer to the treasurer of the Board of 
School Commissioners; and all taxes hereafter collected by the City 
Treasurer on levies heretofore made for school purposes, shall bo 
paid over by such Treasurer, once in each month, to the treasurer of 
the Board [of] School Commissioners of such city. 

Sec. 6. Such Board of School Commissioners shall hold its ses- 
sions at such tinip as it may determine, and shall keep a record of 
all its proceedings. And the members of such Board shall serve 
without any compensation whatever. 

Sec. 7.* The Common Council of any city having a less popu- 
lation than thirty thousand inhabitants, may, by a majority vote of 
the members thereof, at any time, order the election of members of 
XL Board of School Commissioners, according to the provisions of 
this Act; which Board, when elected and organized, shall have all 
the powers, and shall perform all the duties required by the pro- 
visions of this Act, and shall supercede the Board of School Trustees 
"then in office. 

Sec. 8. All parts of the general School Laws of this State, not 
inconsistent herewith, and which may be applicable to the general 
system of Common Schools in such city, herein provided for, shall 
be in full force and effect in such city. And all provisions of the 
General School Laws inconsistent herewith be, and the same are 
lierebv, repealed, so far as the same are applicable to Common Schools 
"in any city having thirty thousand or more inhabitants. 

Sec. 9. [Declares an emergency,] 



♦Unconstitutional, because of variance from title of Act. 



CITIES AND INCORPORATED TOWNS. 55 



-■^il? A.CT supplemental to an Act entitled "An Act providing for a General System 
"«jS Common Sohoola in all Cities of thirty thousand or more inhabitants ; and 
for the Election of, a Board of School Commissioners for such Cities ; and de- 
fining their Buties and prescribing their Powers ; and providing for Common 
-SchoO'l Libraries wi'/hinsuch Cities," approved March 3, 1871. 

{Approted March 3, 1877.] 
{ 
Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That the Board of School Commissioners of any city em- 
braced within the jsrovisions of an Act entitled "An Act providing 
for a General System of Common Schools in all cities of thirty thou- 
sand or more inhabitants; and for the Election of a Board of School 

■ Commissioners for siich Cities ; and defining their Duties and pre- 
• scribing their Powers; and providing for Common School Libraries 

within saeh Cities," a.'pproved March 3, 1871, may, whenever the 

funds for the support of the Common Schools in such city, through- 

*t)ut the regular school year, shall be insufficient or exhausted, make 

leoiporary loans for the support of such schools during such time, 

■ and until the receipt of the school revenue of the current year ; but 
no more than is sufficient for such purpose, nor [more than] the 

r amount of such revenue for the current year, shall be borrowed 

■ at any one time ; and no further loan shall be made until such 
ftemporaryi loan shall be paid. — 

• Sec. -2. [Declares an emergency.] 



-'AN ACT regulating the Indebtedness of Cities having a voting population of over 
sixteen thousand, as shown by the votes cast for Governor at the last preceding 
election ; authorizing the funding of the Indebtedness of such Cities in Bonds in 
certain eases ; prohibiting the creation of City Debt, except as therein author- 
ized, and prescribing the kind and amount that may be created ; limiting the 
amount of Taxes that may be levied by the Common Council and Board of 
■ School Commissioners, respectively ; prescribing Penalties for certain Violations 
•of this Act; and repealing all Laws in conflict therewith; and declaring an 
: Emergency. 

[Approved February 13, 1877.] 

'Section 3.* Be it further enacted, That it shall not be lawful 
'for the Common Council of any city in this State having a voting 
population of over sixteen thousand, as shown by the votes cast for 
'^Governor at the last preceding election, to levy and assess a tax for 
any one year, exceeding in the aggregate ninety cents upon the one 
liiindred dollars returned for taxation upon the city tax duplicate 
"for the current year ; and it shall not be lawful for the Board of 

•* Section 3 of this Act is the only one referring to school matters. 



66 SCHOOL LAWS OF INDIANA. 

School Commissioners of any such city to levy o> assess taxes for 
any one year, exceeding in the aggregate twenty cents on the hnn- 
dred dollars of property returned upon the city tax duplicate for 
the current year : Provided, horcever, In addition to the sum of 
twenty cents aforesaid, said Board of School Commissioners may 
levy a tax each year for the support of free libiaries, as now pro- 
vided by sub-section 3 of section 4 of " An Act providing for a Gen- 
eral System of Common Schools in all Cities of thirty thousand or- 
more inhabitants ; and for the election of a Board of School Com- 
missioners of such Cities; and defining their Duties and prescribing 
their Powers ; and providing for Common Schoi^l Libraries within 
such Cities," approved March 3, 1871. And so^much of any law a* 
requires the levy of a tax by the Common Council for a sinking 
fund, be, and the same is hereby, repealed as H such city ; and any 
money in the city treasury of such city on account of such sinking, 
fund may be appropriated by the City Council for general city- 
purposes, f 



PURDUE UNIVERSITY.* 



AN ACT authorizing the appointment of Students to Purdue University by the - 
Board of Commissioners of each County, and to provide for the admittance oiS 
such Scholars, and defining their Privileges therein. 

[Approved Maech 12, 1877.] 

Section 1. Be it enacted by the General Assembly of tM S(<ii( 
of Indiana, That the Board of Commissioners of each county m 
this State may appoint, in such manner as they may choose, two- 
students or scholars to Purdue University, -^"ho shall be entitled to- 
enter, remain, and receive instruction in the same, upon the same 
conditions, qualifications, and regulations prescribed for other appli- 
cants for admission to, or scholars in, said University; Provided... 
however, That every student admitted to said University by appoint- 
ment, by virtue of this Act, shall in no wise be chargeable for room^. 
light, heat, water, tuition, janitor, or matriculation fees; and said 

♦ The Acts under which Purdue Univereity was estahlished bear the following tiUes : 

AN ACT accepting the provisions of the Act of the Congress of the United States of America, enti- 
tled "An Act donating Lands to the several States and Territorfes-which may proTide Collegee 
for the benefit of Agriculture and the Mechanic Arts," and providing for the receipt, inveet- 
ment, and liianagement of said Donation. Approved March 6, 1855. 

AN ACT accepting certain Donations from John Purdue and others-, and locating and naming the 
College contemplated by the Act of Congress, approved July 2, 1862 ; providing for its OTgnrdza- 
tion and management ; adding a member to the Trustees of the Indiana Agricultural College, 
and changing the corporate name of said Trustees: and declaring an Emergency. Approvec 
May 6, 1869. 



PUKDUE UNIVERSITY. 57- 

students shall be entitled, in the order of admittance, to any room in 
the University then vacant and designed for the habitation or occu- 
pancy of a student ; and such student so admitted shall have prior 
right to any such room, subject to the rules of the University, over 
any student not appointed and admitted as aforesaid. 

Sec. 2. That no more than two students at the same time from 
any one county shall be entitled to admittance to said University, 
under the provisions of this Act. But the Board of Commissioner.s 
of each county may, from time to time, appoint as aforesaid to any 
vacancy in their appointments. 

Sec. 3. [Declares an emergency.] 



PUBLIC LIBRARIES. 



AN ACT to establish Public Libraries. 

[Approved February 16, 1852.] 

Section 1. Be it enacted by the General Assembly of the State 
of Indiana, That the inhabitants of any city, town, village, or 
neighborhood in this State, or any part of them, whenever they 
have subscribed the sum of fifty dollars, or upwards, towards the 
establishment of a public library, may assemble themselves for the 
purpose of holding an election for directors. 

Sec. 2. If two-thirds of the subscribers are present, they may 
proceed to choose, by voice, a chairman, who shall preside at that 
meeting, and a clerk, who shall keep a record of the same. 

Sec. 3. After a chairman and clerk are chosen, the shareholders 
may proceed to choose, by ballot, seven directors, and to agree upon 
a name by which their library shall be known. The directors shall 
appoint one of their number to be president at their meetings, who 
shall have no other than a casting vote. 

Sec 4. A true statement of the proceedings of such meeting,, 
including the amount subscribed and the number of subscribers 
present at their meeting, shall be sworn or aflSrmed to before some 
Justice of the Peace of the county, by the chairman or the clerk 
provided for by the second section of this Act, and filed in the 
Recorder's office; and it shall be the duty of such Justice to certify 
on such statement that it was sworn or affirmed to before him. 

Sec. 5. The Recorder of the county shall record the said state- 
ment on his book of record, when required. 

Sec. 6. After such statement shall be duly recorded, the presi- 
dent and directors, and their successors forever, shall be a body 



58 SCHOOL LAWS OF INDIANA. 

■corporate and politic, to be known by such name as is registered in 
the Recorder's ofiSce. They shall be capable, in law and equity, to 
sue and be sued, plead and be impleaded, answer and be answered 
unto, defend and be defended, in any court or courts, or before any 
judge or judges, justice or justices, person or persons whatsoever, in 
all manner of suits, actions, plaints, pleas, causes, and demands 
whatever, in as effectual a manner as any other person or persons, 
body or bodies corporate or politic, may or can do. 

Sec. 7. Nothing contained in this Act shall be so construed as 
to authorize any library company incorporated in this State, to issue 
notes or bills of credit payable to any person or persons, on his or 
their order or to bearer ; nor to deal in any kinds of bills of ex- 
change, notes, or due bills whatever. 

Sec. 8. Except the first election of directors, the annual elec- 
tion forever thereafter shall be held on the first Monday in January ; 
but if any annual election should be omitted, the directors shall 
remain in power until the next annual election, and until successors 
shall be chosen. 

Sec. 9. Such library or libraries shall be governed and regu- 
lated by such by-laws as may, from time to time, be made by 
the president and directors of the same, not inconsistent with the 
constitution and laws of this State, who shall have power to alter, 
amend, abolish, and renew any such by-law or by-laws at pleasure. 

Sec. 10. The president and directors shall have power to make 
a common seal, and the same to alter, break, change, or renew at 
pleasure. They shall have power to levy a tax on the shareholders, 
provided such tax do not exceed one dollar on each share in anyone 
year. Nothing, however, in this Act shall be so construed as to 
prevent a majority of two-thirds of the shareholders, attending at 
their annual meeting, from increasing such tax to any sum not 
•exceeding five dollars on each share in any one year. They shall 
have power to appoint a treasurer and a librarian, and the same to 
remove at pleasure. 

Sec. 11. A majority of the directors shall be necessary to form 
a quorum. They shall have power to fill vacancies that may happen 
in their own body. And the director or directors by them elected 
shall serve until the next annual election thereafter, and until others 
are elected in their stead. 

Sec. 12. They shall have power to receive, by donation, any 
books, moneys, papers, lands, or any other thing or things ; and 
such donation, or the income or the interest thereof, shall be applied 
to no other purpose than the true interest and objects of the library 
on which it was bestowed, according to the true intent and meaning 
■Qf this Act. 

Sec. 13. Repealed by the Act of March 8, 1873. 



PUBLIC LIBRARIES. 59 



jA'S act supplemental to, and repealing Section Thirteen of an Act entitled "An 
Act to establish Public Libraries," approved February 16, 1852; defining the 
Powers of Cities in relation thereto ; providing for the Collection of Fines and 
Forfeitures imposed by Library Associations ; and permitting other Corpora- 
tions to take stock in the same. 

[Approved March S, 1873.] 

Section 1. Be it enacted by the General Assembly of the State 
'of Indiana, That section thirteen of the Act entitled "An Act to 
establish Public Libraries," approved February 16, 1852, be, and is 
hereby, repealed. 

Sec. 2. All stock in such library association shall be deemed 
personal estate, and shall be transferred in the manner and under 
the conditions prescribed by the by-laws of the same ; and such 
stock shall be exempt from the levy of any State, county, township, 
or municipal tax, and shall not be liable to execution for the debts 
■of the owners of the same. 

Sec. 3. At all meetings of shareholders, each shareholder shall 
be entitled to one vote for each share of stock held by him ; and 
provision shall be made by the by-laws by which absent sharehold- 
ers may vote by proxy. 

Sec. 4. Library associations may make such provisions as the 
l)oard of directors may deem proper for maintaining, in addition to 
the library, a reading-room and museum. 

Sec. 5. All fines and forfeitures accruing from the violation of 
the by-laws and regulations made by the directors shall be recover- 
able, with costs, in an action before any court of competent jurisdic- 
tion; and judgments for the same shall be collected without relief 
from v-aluation or appraisement laws. 

Sec. 6. Any mining or manufacturing company or other volun- 
Ttary association within the State shall have the power to subscribe 
to and purchase stock in such library associations ; and the pro- 
-visions of all laws inconsistent with this section are hereby re- 
pealed. 

Sec. 7. Any city incorporated under the laws of this State may, 
by the vote of two-thirds of the members of the Common Council 
thereof, subscribe to the stoek of any public library association 
organized within its limits; and for the payment of such shares of 
stock, and the assessments on the same, may, from time to time, as 
the Common Council may think proper, annually levy and collect 
aiot more than two mills on the dollar upon the taxable property 
-within the limits of the city; which shall be paid into the city 
treasury, and applied to the payment of such stock and assessments 
made thereon. 

Sec. 8. The Common Council of such city shall have the power, 
in their discretion, to cause the distribution and transfer of shares 



60 



SCHOOL LAWS OF INDIANA. 



of stock held by the city, as prizes to the children of the public- 
schools in the city for good behavior and scholarship. 

Sec. 9. Upon the dissolution or forfeiture of the franchises of 
such library association in which any city may have purchased stock, 
and is, at the time of such dissolution or forfeiture, the holder of" 
one-third of the shares of the whole stock, the property of such asso- 
ciation shall become the property of the city, for the free use and 
enjoyment of the inhabitants of such city, under regulations to be- 
prescribed by the Common Council; and the Common Council shall 
thereafter control such library, and shall have power to increase the 
same, and levy and apply the tax provided for in section seven of thi& 
Act to the increase and expenses of such library. 

Sec. 10. [Declares an emergency.] 



AN ACT supplemental to "An Act to establish Public Libraries," approved Fel>- 
ruary 16, 1852 ; defining the Powers and Duties of Township Trustees in relation- 
to Libraries established for the benefit and use of all the inhabitants of a Town- 
ship by Private Donation. 

[Appeoved March 29, 1879.] 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That in any township in which there has been or may 
hereafter be established, by private donation, a library of the value 
of one thousand dollars or more, for the use and benefit of all the 
inhabitants thereof, the Township Trustee of such township shall 
annually levy and collect not more than one cent on the one hun- 
dred dollars upon the taxable property within the limits of such 
township; which shall be paid to the trustees of such library, and 
applied by them to the purchase of books for said library. 

Sec. 2. [Declares an emergency,] 



AN ACT to establish Public Libraries in connection with the Common Schools iri 
all Cities of ten thousand and more inhabitants, and to define the Duties and 
Powers of Boards of School Trustees, etc., in relation thereto. 

[Approved March 7, 1881.] 

Section 1. Be it enacted by the General Assembly oj the State of 
Indiana, That in all cities of this State having ten thousand inhab- 
tants according to the United States census for the year eighteen 



PUBLIC LIBRARIES. 61 

liundred and eighty, and in all cities which may hereafter have such 
population according to any State or National census hereafter to be 
taken, the Board of School Trustees, Board of School Coramission- 
•ers, or whatever Board may be established by law to take charge of 
the public or common schools of such city, shall have power, if iu 
their discretion they deem it to the public interest, to establish a 
free public library in connection with the Common Schools of such 
city, and to make such rules and regulations for the care, protection, 
and government of such library, and for the care of the books pro- 
vided therefor, and for the taking from and returning to said library 
•of such books, as said Board may deem necessary and proper, and 
to provide penalties for the violation thereof: Provided, That in 
any city where there is already established a library open to all the 
people, no tax shall be levied for the purpose herein named. 

Sec. 2. Such Board shall have power to levy a tax of not ex- 
oeeding one-third of a mill on each dollar of taxable property 
assessed for taxation in such city in each year ; which tax shall be 
placed on the tax duplicate of such city, and collected in the same 
manner as other taxes. And when said taxes are so collected, they 
shall be paid over to said Board for the support and maintenance 
of said public library. And such Board shall have power, and it 
shall be its duty, to disburse said fund and all reveniies derived 
from gift or devise, in providing and fitting up suitable rooms for 
such library, in the purchase, care, and binding books therefor, and 
in the payment of salaries to a librarian and other assistants. 

Sec. 3. Any such city in which a public library may be estab- 
lished in accordance with the terms of this Act may acquire by pur- 
•chase, or take and liold by gift, grant, or devise, any real estate 
necessary for, or which may be donated or devised for the benefit 
of, such library ; and all revenues arising therefrom, and the pro- 
ceeds of the same, if sold, shall be devoted to the use of said 
library. 

Sec. 4. [Declares an emergency.] 



AN ACT for the Incorporation of Public Libraries. 

[Approved April 7, 1881.] 

Section 1. Be it enacted by the General Assembly of the State 
of Indiana, That whenever any number of persons, not less than 
seven, shall desire to associate themselves together for the purpose 
of establishing and maintaining a public library in any city or 
^county in this State, for the general benefit and advantage of all the 
inhabitants of such city or county, it shall be lawful for such per- 



62 SCHOOL LAWS OF INDIANA. 

sons to become incorporated under this Act in the manner herein- 
after provided. 

Sec. 2. Whenever any persons shall desire to become incorpor- 
ated under this Act, for the purposes aforesaid, they shall, by an. 
instrument in writing, set forth the objects of the association, the 
corporate name to be adopted, the names and places of residence 
of the incorporators, and a description of the corporate seal ; and 
they shall, also, in said instrument, provide the manner in which,, 
in case of the death, resignation, or removal for any cause, of any 
of the original incorporators, their successors shall be selected, so- 
that the number of members of such corporation shall never be less 
than the original number. They shall, also, proTide, in said instru- 
ment, what officers shall be elected by such corporation, and the 
time and manner of their election; and shall, also, provide therein^ 
generally, in what manner the business of said corporation shall be 
conducted. Which instrument shall be signed by all the proposed 
incorporators, and filed in the office of the Recorder of the county" 
in which such library or reading-room is proposed to be established. 

Sec. 3. Upon the filing of such instrument in the proper 
Recorder's office, it shall be the duty of the Recorder to record the 
same in the Miscellaneous Records of si\ch county; and from the 
time of the recording thereof, as aforesaid, the said association and 
their successors shall be deemed and held a corporation, and shall 
have, possess, and enjoy all the rights, powers, and privileges given 
to corporations by common law; to sue and be sued; to borrow 
money and secure the payment of the same by notes and mortgages, 
bonds, or deeds of trust, upon the personal or real estate of such 
association ; to purchase, rent, lease, hold, sell, and convey real estate 
estate for tlae benefit of such corporation ; and to erect and maintain 
suitable buildings for the purposes aforesaid and for other objects 
properly connected therewith. Such corporation shall, also, have 
the right and power to receive and accept donations, either of money- 
or real estate, either by gift or devise, and to hold, use, enjoy, mort-- 
gage, sell, or convey the same, for the benefit of such corporation,- 
in the manner provided in the deed or gift or devise by which the 
same was received. And the real estate and personal property of 
any such corporation which shall have established a public library 
for the purposes aforesaid, and shall have put the same into opera- 
tion, shall be exempt from taxation for State, county, and all 
municipal purposes, and shall remain exempt, as aforesaid, so long 
as the same is used exclusively for the general benefit of the inhab- 
itants of the city or county in which such library may be located. 

Sec. 4. Whenever any such corporation shall be established as 
in this Act provided, it shall be lawful, and such corporation shall 
have the power, to establish and maintain, in connection with its 
library, a gallery of art and public reading-rooms, and may also 
maintain, either in connection with its library building or separate 
therefrom, a public park. 



PUBLIC LIBRARIES. 63^ 

Sec. 5. NothiDg in this Act shall be so construed as to repeal 
any law now in force for the incorporation or regulation of public 
libraries. 

Sec. 6. [Declares an emergency.] 



APPKOPRIATION OF REAL ESTATE. 



AN ACT to provide for the Appropriation of Real Estate for School Purposes- 

[Approved April 16, 1881.] 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That whenever, in the opinion of Trustees of School Cor- 
porations or of the Township Trustee of any township in this 
State, it shall be considered necessary to purchase any real estate odj 
which to build a school-house, or for any other purpose connected 
therewith, such Township Trustee, or School Trustee, or a majority 
of them, may file a petition in the Circuit Court of said county y. 
asking for the appointment of appraisers to appraise and assess the- 
value of said real estate. 

Sec. 2. Upon said petition being filed — the owner or owners of 
said real estate having had ten days' notice of the pendency thereof — 
the court shall appoint three freeholders, resident in said school cor- 
poration or said township where said real estate is situate, to ap- 
praise and assess the value thereof. 

Sec. 3. Said appraisers, before making said assessment and ap- 
praisement, shall take an oath before the Clerk of said court ta 
make a fair, true, and honest appraisement of said real estate ; and 
shall then proceed to examine said real estate, hear such evidence- 
as they may consider necessary, and make report of their appraise- 
ment within five days after their appointment. Upon said report 
being filed, the owner or owners of said real estate may except to 
the same for any cause, and a trial thereon may be had in said 
court. When the value of said real estate is finally determined in 
said court, the Township Trustees or School Trustees may pay to- 
the Clerk of said court, for the use of the owner of said real estate,, 
the amount so determined ; and, upon payment thereof, the title to- 
said real estate shall vest in said school corporation for said purposes. 

Sec. 4. There being no law now in force authorizing school cor- 
porations or Township Trustees to appropriate property for school^ 
purposes, it is declared that an emergency exists for the immediate- 
taking effect of this Act ; it shall, therefore, take effect and be \m 
force i'rom and after its passage. 



M SCHOOL LAWS OF INDIANA. 

SCHOOL BUILDINGS AND GROUNDS. 



AN ACT to authorize Cities and Towns to negotiate and sell Bonds, to procure 
means with which to erect and complete Unfinished School Buildings, and to pur- 
chase any Ground and Building for School purposes, and to pay Debts con- 
tracted for such erection and completion and purchase of Buildings and Grounds ; 
and authorizing the Levy and Collection of an additional Special School Tax 
for the payment of such Bonds. 

[Approved March 8, 1873.] 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That any city or incorporated town in this State which 
shall, by the action of its School Trustee or Trustees, have purchased 
any ground and building or buildings ; or may hereafter purchase 
any ground and building or buildings ; or have commenced, or may 
hereafter commence, the erection of any building or buildings for 
school purposes; or which shall have, by its School Trustee or Trus- 
tees, contracted any debts for the erection of such building or build- 
ings, or the purchase of such ground and building or buildings ; 
and such Trustee or Trustees shall not have the necessary means 
with which to complete such building or buildings, or to pay for 
-the purchase of such ground and building or buildings, or pay such 
-debt; may, on the filing by the School Trustee or Trustees of said 
city or incorporated town of a report, under oath, with the Com- 
mon Council of such city, or the Board of Trustees of such incor- 
porated town, showing the estimated or actual cost of any such 
ground and building or buildings, or the amount required to com- 
plete such building or buildings, or purchase such ground and 
building or buildings, or the amount of such debt, on the passage 
of an ordinance authorizing the same by the Common Council of 
said city, or the Board of Trustees of such incorporated town, issue 
the bonds of such city or town to an amount not exceeding in the 
aggregate fifty thousand dollars, in denominations not less than one 
hundred nor more than one thousand dollars, and payable at any 
place that may be designated in the bonds — the principal in not 
less than one year nor more than twenty years after the date of such 
bonds, and the interest annually or semi-annually, as may be there- 
in provided — to provide the means with which to complete such 
building or buildings, or to pay for the purchase of such ground 
and building or buildings, and to pay such debt. And such Com- 
mon Council or Board of Trustees may, from time to time, nego- 
tiate and sell as many of such bonds as may be necessary for such 
purpose, in any place and for the best price that can be obtained 
therefor in cash : Promded, That such bonds shall not be sold at a 
^price less than ninety-four cents on the dollar. 



SCHOOL BUILDINGS AND GROUNDS. 65 

Sec. 2. The proceeds of the sales of such bonds shall be paid 
to the said School Trustee or Trustees, to enable them to erect or 
complete such building or buildings and pay such debt. But before 
payment to them, such School Trustees shall file with the County 
Auditor a bond, payable to the State of Indiana, in a sum not less than 
"the full amount of the said money so to be paid to them, and with 
security to be approved by said Auditor, conditioned for the faith- 
ful and honest application of such money to the purpose for which 
the same was provided ; and such Trustee or Trustees, and their 
surety or sureties, shall be liable to suit on such bond for any waste, 
misapplication, or loss of such money, in the same manner as now 
provided for waste or loss of school revenue. 

Sec. 3.* In addition to the levying the tax by cities or incor- 
porated towns for general purposes, now authorized by law, the 
Oommon Council of any such cities, and Boards of Trustees of any 
such incorporated towns as shall avail themselves of the provisions 
of this Act, are hereby authorized and required to levy, annually, a 
special additional tax, at the same time and in the same manner as 
other taxes of such city or town are levied, sufficient to pay the 
interest and principal of said bonds falling due ; which additional 
special tax shall be assessed and collected as the taxes for State and 
county revenue are assessed and collected. And the Treasurer of said 
city or town shall keep accurate account of the revenue arising from 
said special tax, and shall in his reports, when required by the city 
or town authorities, show the amount thereof received, the amount 
disbursed, and the amount thereof, if any, remaining delinquent. He 
shall pay out the same only by the authority of the Common Coun- 
«cil of said city or Board of Trustees of such town ; and shall permit 
the same to be applied to no other purpose than the payment of the 
principal and interest of such bonds ; and official bonds of City and 
Town Treasurers shall be construed to cover and include revenue 
arising from this source. Persons residing outside of any such city 
or town, and electing to be transferred to such town or city for 
■educational purposes, or who shall send their children to the school 
taught in any such building, shall, with their property, be liable to 
«uch tax, as if they resided in such city or town, on all property 
owned by said person in the township where such city or town is 
located : Provided, always, That nothing in this Act shall be con- 
strued to prevent the School Trustee or Trustees of such town or 
city from admitting pupils into such schools from outside such city 
or town, in their discretion, upon the payment of tuition therefor, 
and without subjecting the property of their parents to such taxa-' 
tion, when such schools are not crowded and their admission shall, 
in no way, interfere with the progress of the children within such 
corporate city or town: And Provided, further, That the additional 
special tax, hereby authorized, shall not, in any one year, exceed 

♦As ameuded March 11, 1875. 

5 



66 • SCHOOL LAWS OF INDIANA. 

fifty cents on any one hundred dollar* of taxable property and one- 
dollar on each poll. 

Sec. 4. All bonds issued, contracts made, and debts created^ 
pursuant to the Acts of March 11, 1867, and May 15,1869, relating- 
to the same subject as this Act, are hereby legalized and declared 
valid ; and the taxes to pay any such bonds, contracts, or debts, an<J>. 
the interest thereon, shall be assessed and collected in accordanccr 
with this Act. 

Sec. 5. [Declares an emergency.] 



AN ACT supplemental to an Act entitled "An Act to authorize Cities and Towns; 
to negotiate and sell Bonds, to procure means with which to erect and complete 
Unfinished School Buildings, and to purchase any Grounds and Buildings for 
School purposes, and to pay debts contracted for such erection and completion,, 
and purchase of Buildings and Grounds ; and authorizing the Levy and Collec- 
tion of an Additional School Tax for the payment of such School Bonds," ap- 
proved March 8, 1873. 

[Approved Maech 20, 1879.] 

Section 1. Be it enacted by the General Assembly of the State of' 
Indiana, That before the School Trustee or Trustees of any incorpor- 
ated town or city in this State shall purchase any ground for school pur-- 
poses, or enter into any contract for the building of any school building 
or buildings, such School Trustee or Trustees shall file a statement withi 
the Trustees of such incorporated town, or Common Council of such 
city, showing the necessity for such purchase of ground, or the 
erection of such building or buildings, together with an estimate of 
the cost of such ground or building or buildings, and the amount 
of means necessary to be provided to pay for such ground or 
building or buildings. And such School Trustee or Trustees shall 
not purchase any ground, or enter into any contract for the build- 
ing of any school building or buildings, until such action be ap- 
proved by the Trustees of such incorporated town, or by the Com- 
mon Council of such city : Provided, hoicever, That there shall be- 
nothing in this Act so construed as to affect any purchase of grounds., 
or contract made for the erection of any building or buildings, foi; 
school purposes, prior to the taking eifect of this Act. 

Sec. 2. [Declares an emergency.] 



SCHOOL BUILDINGS AND GROUNDS. 67 



AN ACT to authorize Incorporated Towns to negotiate and sell Bonds, to procure 
means with which to complete Unfinished Buildings for public purposes, and 
authorizing the Levy and Collection of an additional Special Tax for the pay- 
ment of such Bonds. 

[Approved February 25, 1875.] 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That any incorporated town in this State, which shall have 
heretofore, by the action of its Board of Trustees, commenced the 
erection of any public building, to be used as a market house, engine 
house, or for other public purposes, and shall not have the necessary 
means with which to complete such building, on the passage of an 
ordinance authorizing the same by the Board of Trustees of said 
incorporated town, [may] issue the bonds of such town, to an 
amount not exceeding in the aggregate ten thousand dollars, in 
denominations not less than fifty dollars nor more than five hundred 
dollars, and payable at any place that may be designated in the 
bonds— the principal in not less than one year nor more than ten 
years after the date of such bonds, and the interest annually or 
semi-annually, as may be therein provided, to provide the means 
with which to complete such building: Provided, That such bonds 
shall not be sold at a price less than ninety-four cents on the dollar, 
nor bear a greater rate of interest than eight per centum per annum. 

Sec. 2. The proceeds of the sales of such bonds shall be paid to 
the Treasurer of such incorporated town, to enable said Board of" 
Trustees to complete such building. But before payment to said 
Treasurer, he shall file with the Board of Trustees a bond, payable 
to the State of Indiana, in a sum not less than the full amount of 
the said money to be paid to him, and with security to be approved 
by said Board of Trustees, conditioned for the faithful and honest 
application of said money to the purpose for which the same was 
provided. 

Sec. 3. In addition to the levying the tax by incorporated towns 
for general purposes, now authorized by law, the Board of Trustees 
of any incorporated town which shall avail themselves of the pro- 
visions of this Act are hereby authorized and required to levy, annu- 
ally, a special additional tax at the same time and in the same man- 
ner as other taxes of such town are levied, sufficient to pay the 
interest of said bonds falling due; which additional special tax shall 
be assessed and collected as the taxes for State and county revenue 
are assessed and collected. And the Treasurer of said town shall 
keep accurate accounts of the revenue arising from such special tax, 
and shall in his reports, when required by the Board of Trustees, 
show the amount thereof, if any, remaining delinquent. He shall pay 
out the same only by the authority of the Board of Trustees of such 
town, and shall permit the same to be applied to no other purpose 
than Llrj i),iv::i Mt of tlio i)rir.c''ia] an'! interest o^ such bonds 



SCHOOL LAWS OF INDIANA. 



Provided, always, That the additional special tax, hereby authorized, 
shall not, in any one year, exceed fifty cents on each one hundred 
■dollars of taxable property and one dollar on each poll. 
Sec. 4. [Declares an emergency.] 



-AN ACT to authorize Township Trustees to levy an additional Tax to the amount 
now authorized by Law, not exceeding Twenty-Five Cents on each One Hundred 
Dollars' worth of Taxable Property, in any one year, for the purpose of paying, 
satisfying, and liquidating Debts made and contracted by such Trustee, in the 
construction, repairing, or completing of School-Houses, and providing Furni- 
ture and School Apparatus therefor ; and declaring an Emergency, 

[Approved March 11, 1873.] 

Section 1. Be it enacted by the General Assembly of the State ©/ 
Indiana, That in all cases where any Township Trustee may have 
lieretofore made and contracted debts against any township in the con- 
struction, repairing, or completion of school-houses, or in providing 
furniture or school apparatus therefor, and the special school revenue 
tax, as provided for in section twelve (12) of an Act entitled "An 
Act to provide for a General System of Common Schools, the Offi- 
cers thereof, and their respective Powers and Duties, and matters 
properly connected therewith; and prescribing the Fees for certain 
Officers therein named ; and for the establishment and regulation of 
Township Libraries ; and to repeal all Laws inconsistent therewith ; 
providing Penalties therein prescribed," approved March 6, 1865, 
shall be insufficient to satisfy, pay, and liquidate debts so made and 
contracted by such Trustee, then, and in that case, it shall be kwful 
(and such Township Trustee is hereby authorized) to levy an addi- 
tional tax of not exceeding twenty-five cents on each one hundred 
dollars' w^orth of taxable property, in any one year, to the amount 
now authorized to be levied under said section twelve (12) of said 
Act, for the purpose of paying, satisfying, and liquidating the debts 
made and contracted by said Trustee, tor the purposes aforesaid; and 
it shall be lawful (and said Trustee is hereby authorized) to make 
said levy for each and every year after the passage of this Act, 
until said debts, made and contracted as aforesaid for the purposes 
aforesaid, shall be fully paid, satisfied, and liquidated: Provided, 
That nothing in this Act shall be construed to alter, change, modify, 
repeal, or in any way conflict with section twelve (12) of the Act 
above recited : And Provided, further. That such additional levy 
•shall only be made after the legal voters of the township to be 
affected thereby shall have declared in favor thereof. 

Sec. 2. [Declares an emergency.] 



SCHOOL BUILDINGS AND GEOUNDS. 69* 



AN ACT authorizing the School Trustees of a City or Incorporated Town to pay 
over to such City or Town surplus Special School Revenue, for the payment of 
Indebtedness created for School Building purposes, and legalizing acts where 
such surplus has been so appropriated. 

[Approved Maech 3, 1877.] 

Section 1 .* Be it enacted by the General Assembly of the State of 
Indiana, That it shall be the duty of the Board of School Trustees 
of any city or incorporated town in this State, to pay over to the 
Common Council or Board of School Trustees of such city or towa 
any surplus special school revenue in the hands of such School 
Trustees, not necessary to meet current expenses; such excess of 
the revenue aforesaid to be applied for the payment of the interest 
or principal, or both, of any indebtedness incurred under the provi- 
sions of the Act of March 8th, 1873, authorizing cities and incorpo- 
rated towns to negotiate and sell bonds to procure means to expect 
and complete unfinished school buildings, and to purchase any ground 
and building for school purposes, and to pay debts contracted for 
the erection and purchase of building and ground. 

Sec. 2. Where the excess of special school revenue not neces- 
sary to meet the current demand upon such revenue shall have 
been, prior to the passage of this Act, loaned, paid over, or applied^, 
as provided in the preceding section, such loan, payment, or appli- 
cation of such moneys is hereby legalized and made valid, as fully 
and completely as if, at the time such transaction took place, thi& 
Act had been in full force and effect. 

Sec. 3. [Declares an emergency.] 



AN ACT to authorize Township Trustees to issue and sell Bonds in certain cases, 
for the purpose of providing funds to build School-Houses in Unincorporated 
Towns; and providing under what conditions said Trustee may issue and sell 
such Bonds ; and declaring an Emergency. 

[Approved March 7, 1877.] 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That whenever any person shall give and [or] bequeath unto 
trustees any sum of money exceeding five thousand dollars, for the 
purpose of erecting a public school-building or seminary in any 
unincorporated town in this State, and upon the express or implied 
condition contained in said bequest that an amount equal thereto 
shall be raised by the citizens of said town or township for a like 

*As amended March 31, 1870. 



70 SCHOOL LAWS OF INDIANA. 

^purpose, the Township Trustee of said township in which said 
^own is situated shall, upon the petition of a majority of the legal 
voters of said township, be authorized to prepare, issue, and sell the 
bonds of said township, to secure a loan not exceeding fifteen thou- 
sand dollars, in anticipation of the revenue for special school pur- 
poses, for the purpose of complying with the condition annexed to 
such gift or devise — said bonds to bear a rate of interest not ex- 
ceeding seven per cent, per annum, payable at such time, within 
seven years from date, as such Trustee may determine : Provided, 
That until all the bonds of any one issue shall have been redeemed, 
:such Township Trustee shall not be authorized to make another issue, 
nor shall any such bonds be sold at a less rate than ninety-five cents 
on the dollar. 

Sec. 2. The whole number of votes cast for candidates for Con- 
gress at the last preceding Congressional election in the township, 
shall be deemed to be the whole number of legal voters of such 
i;ownship, a majority of whose names shall be signed to the petition 
presented to such Township Trustee ; to which petition shall be 
attached the affidavit, or affidavits, as such Trustee may deem nec- 
essary, of a competent and credible person or persons that the sig- 
natures of all the names to said petition are genuine, and that the 
persons whose names are thereto signed are, as he believes, legal 
voters of such township. 

Sec. 3. The Township Trustee shall record such petition, to- 
gether with the names attached, in the record book of his township, 
and carefully file away and preserve said petition, and shall enter 
in such record a statement of the time when such petition was filed ; 
and if said Trustee shall then be satisfied that said petition contains 
the names of a majority of the legal voters of said township, he 
shall then prepare, issue, and sell bonds to the amount petitioned 
for in such petition, as provided in section 1 of this Act, and shall 
accurately keep a record of all proceedings in and about the issue 
and sale of such bonds, to whom, and for what amount sold, the rate 
of interest they bear, and the time when they become due. 

Sec. 4. [Declares an emergency.] 



AN ACT to entitle the Trustees of two or more adjacent Counties and Townships 
to form a new School District and to build a School-House therein ; and fixing 
the manner in which such expense shall be borne. 

[Appboved March 6, 1877.] 

Section 1. Be it enacted by the General Assembly of the State of 
Judicuia, That the Trustees of two vr uioie adjacent counties or [and] 
townships may establish a new school district, and build a school-house 



SCHOOL BUILDINGS AND GROUNDS. 71 

^therein at the joint expense of their several townships, whenever, in 
their judgment, it shall appear necessary for the better accommoda- 
tion of the people of their respective townships : Provided, That 
■•such necessity must be set forth in a petition of the persons making 
the request — such petition to be presented to each of said Trustees. 
And said Trustees shall, at the time agreed upon by them, not less 
ithan ten days nor more than thirty days from the time of receiving 
such petition, hold a joint meeting, for the purpose of declaring 
whether such petition shall be granted, and take such further action 
as the case may require. 

Sec. 2. Each township shall bear such part of the expense of 
-establishing such joint district school as the number of children of 
school age residing in each township, and attaching themselves to 
said new district at the time of the formation, bears to the whole 
'number of children of school age who are attached to said district 
at its formation ; and each township shall assume its share of the 
debt so incurred. But when said school shall be established, it shall 
be supported by the township in which it is established, in the man- 
iner already prescribed by law 



I 



Sec. 3. [Declares an emergency.] 



-iA.N JLCT to regulate the hanging of Doors to the Entrances to Theatres, Opera 
Houses, Public Halls, Museums, Churches, Colleges, Seminaries, and School 
Buildings. 

[Approved March 13, 1877.] 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That all theatres, opera houses, public buildings, museums, 
•churches, colleges, seminaries, and school buildings shall hang all 
doors for the purpose of ingress and egress thereto, so that the same 
shall swing outwardly : Provided That rooms in school-houses or 
churches where the scholars or meetings [are] assembled on the 
ground floor are exempt from the provisions of this Act. 

Sec. 2. That it is hereby made the duty of all managers, own- 
■ers, lessees, trustees, and persons having charge of such buildings 
described in the first section of this Act to comply with the pro- 
visions therein contained, within sixty days from the approval of 
'this Act. 

Sec. 3 . That all persons whose duty it may be to see that the 
sprovisions of this law are complied with, who shall fail or refuse to 
obey the same, shall be fined in any sum not exceeding one thousand 
■dollars, and may be imprisoned in the county jail for any period not 
'exceeding six months. 

Sec. 4. [Declares an emergency.] 



72 SCHOOL LAWS OF INDIANA. 

SCHOOL LANDS. 



AN ACT declaring School Lands taxable after* they have been sold and before- 
deed is made, and legalizing all Assessment, Levy, and Collection of Taxes- 
heretofore made; and prohibiting the refunding of Taxes paid; declaring an 
Emergency ; and other matters connected with the subject of Taxation of School 
Lands. 

[Approved Febeuary 8, 1877.] 

Whereas, Under the laws as heretofore existing, congressional- 
school lands were not taxable until sold ; and a doubt has beert 
raised, where said lands have been disposed of and deed has not 
been delivered, at what time said lands shall be deemed to have 
been, or be, sold, so that they would become liable to taxation ; 

And Whereas, In cases where lands have been sold, part of 
the pay received, certificate of sale given, or record entry made 
thereof in the proper ofSce, as provided by law, and the purchaser 
has entered into possession, such lands have been deemed sold, have 
been assessed and appraised for taxation, and taxes have been lev- 
ied and collected as in cases of other lands subject to taxation;;: 
which assessment and levy and collection it is now claimed were 
unauthorized : Therefore, 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That in all cases where school lands have been sold, and 
certificate has either been issued to the purchaser or entered of 
record in the proper office, or otherwise, so the purchaser entered 
into possession and paid part or the whole of the purchase money >,, 
or could have entered into occupancy, such sale shall be deemed and 
held a sale under the law, as much as it would be had a deed been 
made and delivered and the fee had been passed to the purchaser ;; 
and such lands shall be deemed and held as having been sold, so as 
to make them liable to taxation, within the meaning of the law, as 
fully and completely as they would have been had deed been deliv- 
ered. And all appraisements of lands so sold, and all assessments 
of the same for taxes, and all levies and collections of taxes there- 
on, heretofore made, shall be, and are hereby, legalized and declared 
to be lawful and valid, and shall in no wise be subject to question- 
by reason of such sale not having been consummated by execution 
and delivery of deed. 

Sec. 2. No Treasurer shall refund any taxes paid ; nor shall 
any Board of County Commissioners authorize the refunding or 
re-payment of any taxes so levied or collected ; nor shall any action 
be commenced or maintained in any court in this State ; nor shall' 
any court have jurisdiction to entertain any action brought tO' 
recover taxes so levied and collected, as being illegal by reason olO' 



SCHOOL LANDS. 7S: 

such lands not having been sold, in any case contemplated in the 
first section of this Act. 

Sec. 3. All school lands which may be sold shall be taxable 
from and after the sale and delivery of certificate, and as other- 
lands, without regard to the delivery of deed of conveyance. 

Sec. 4. All laws conflicting with the provisions of this Act are 
repealed. 

Sec. 5. Whereas, numerous claims are being made for return of" 
taxes in the counties of this State, on the pretended illegality re- 
ferred to in this Act, an emergency exists for the immediate taking; 
effect of this Act, and it shall be in force from and after its passage. 



AN ACT relating to Congressional Township School Lands and the Funds arising 
therefrom, in cases when Townships are divided by County Lines ; providing 
for Distribution of the Proceeds thereof; prescribing the Duties of County Aud- 
itors and other Officers relating [relative] thereto; fixing compensation of Aud- 
itors ; and other matters connected with the subject-matter of the Act ; and de- 
claring an Emergency. 

[Appeoved March 12, 1877.] 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That where county lines divide a congressional township,, 
the proper officer in the county in which the congressional school 
lands are situated, or would be situated if unsold, shall control such 
lands and the funds arising therefrom, as in this Act is provided. 

Sec. 2. When the enumeration is made of children, under the 
school laws, the Auditor of each county shall furnish to the Auditor 
of the other a statement showing the number of children in each 
congressional township; and to enable him to do this correctly, the 
person or officer making the enumeration shall correctly state the 
number of children in the congressional township so divided by 
county lines. 

Sec. 3. The Auditor of the county having control of the fund 
shall open an account with the other county as to each congressional 
township, and credit said other county with all money on hand, all 
securities for lands sold, and, if any lands be unsold, with the pro- 
ceeds when sold; and, from time to time, as money comes in, shall 
credit such county with such money — that is to say, shall divide such 
money pro rata on the basis of such enumeration, and enter the 
credit; and shall pay over such money, be it little or much, to the 
Treasurer of such other county, file his receipt with the Auditor,, 
and take a quietus; and so continue until the whole portion due 
such other county is paid over. Such payments shall be made 
quarterly, to correspond with the fiscal year. 



74 SCHOOL LAWS OF INDL&.NA. 

Sec. 4. Such Auditor of the county controlling such lands and 
fund shall also open an account with such lands and Math the town- 
ship in his own county divided by county line, and shall debit and 
credit such accounts as he receives money or securities from sales or 
collections from lands forfeited and re-sold, and all expenses in full 
and regular order of entry and accounting, so he can tell, at any 
time, the condition of the lands, funds, and securities. He shall 
collect in, as fast as possible, all moneys outstanding, make proper 
distribution as per enumeration, and credit the proper account in 
said county, and continue to pay over to the other county, as above 
provided, until each county has its proper proportion of said funds. 

Sec. 5. The Auditor of such other county shall open an account 
■with the proper township in his county, and credit such fund as 
fast as received ; and when in sufficient amount, shall loan the same 
as now required by law. Both Auditors shall make a statement of 
the condition of the fund annually, at the end of the proper fiscal 
3-ear, and file one copy with the Superintendent of Public Instruc- 
tion, lay one before the County Commissioners (which latter shall 
be spread upon their record), and both shall be sworn to by the 
Auditor. 

Sec. 6. The process contemplated by this Act shall continue so 
long as any lands remain unsold, or any securities are uncollected, 
and until each county shall have become possessed of its proper 
share of such fund in money, when the accounts here required to be 
kept shall be closed and reported as aforesaid : Provided, That in 
the year 1890, and every two years thereafter, there shall be a 
Te-adjustment of said fund belonging to such congressional township, 
upon the basis of the number of children enumerated in each part 
of such congressional township, as hereinbefore provided ; and the 
Auditor having a surplus of such fund, according to such basis, shall 
pay to the Treasurer of the county interested the amount of money 
due said county upon the per -capita basis then existing. For the 
services here provided for, the Auditor shall be allowed the same 
fees for records, certificates, and other labor, as is allowed by law for 
-other similar services. 

Sec. 7. [Declares an emergency.] 



STATE NORMAL SCHOOL. 75 

STATE NORMAL SCHOOL. 



AN ACT to create a State Normal School; and declaring an Emergency. 

[Approved December 20, 1865.] 

Section 1. Be it enacted by the General Assembly of the State 
«of Indiana, That there shall be established and maintained, as here- 
inafter provided, a State Normal School, the object of which shall 
foe the preparation of teachers for teaching in the Common Schools 
■of Indiana. 

Sec. 2. In order to the establishment and maintenance of such 
a School, the Governor shall appoint, subject to the approval of the 
Senate, four competent persons, who shall, in themselves and in 
their successors, constitute a perpetual body corporate, with power 
to sue and be sued, and to hold in trust all funds and property 
which may be provided for said Normal School, and who shall be 
iinown and designated as the Board of Trustees of the Indiana State 
Normal School. The Superintendent of Public Instruction shall 
he, ex officio, member of this Board. 

Sec. 3. That two members of this Board shall retire, as may 
!£be] determined by lot or otherwise, in two years after their appoint- 
ment, and the remaining two in four years ; whereupon, the Gov- 
•«rnor, subject to the approval of the Senate, shall appoint, as afore- 
said, their successors for a period of four years. All vacancies 
occuring in said Board from death or resignation shall be filled by 
appointments made by the Governor. 

Sec. 4. Said Board of Trustees shall meet on the second Tues- 
day in January, 1866, at the office of the Superintendent of Public 
Instruction, and shall organize by electing one of their number 
president and one secretary, each for a term of two years ; and, at 
this or at a subsequent meeting, they shall elect some suitable per- 
son, outside of their number, as treasurer, who shall, before enter- 
ing on duty, give bond in such sum as they may prescribe. 

Sec. 5. Said Board shall, at its first meeting, open books to 
receive, from different parts of the State, proposals for donations 
of grounds and buildings, or funds for the procuring of grounds and 
erection of buildings, for said Normal School. Also, they may, if 
deemed needful, at this or a subsequent meeting, appoint one of their 
number, or other competent person, to visit different parts of the 
State and explain the nature and object of said Normal School, and 
to receive proposals of donations of buildings and grounds or 
of funds for the same. 

Sec. 6. Said Board shall locate said School at such place as 
shall obligate itself for the largest donation : Provided, first, That 
said donation shall not be less in cash value than fifty thousand 



76 SCHOOL LAWS OF INDIANA. 

dollars; second, That such place shall possess reasonable facilities- 
for the success of said School. 

Sec. 7. Said Board shall, immediately after the selection of place- 
of location, proceed to let a contract or contracts for the erection 
of a building to the lowest responsible bidder : Provided, That no 
member of the Board be a contractor for building or for furnishing- 
any material therefor. 

Sec. 8. Said Board shall organize, in connection with the Normal 
School, in the same building with the Normal School or in a sep- 
arate building, as they shall decide, a Model School, wherein such 
pupils of the Normal School as shall be of sufficient advancement 
shall be trained in the practice of organizing, teaching, and managing 
schools. 

Sec. 9. Said Board shall prescribe the course of study for the 
Normal School; shall elect the instructors and fix their salaries;; 
and shall determine the conditions, subject to limitations hereinafter 
specified, on which pupils shall be admitted to the privileges of these- 
Schools. 

Sec. 10. The following conditions shall be requisite to admis- 
sion to the privileges of instruction in the Normal School : 

Fird. Sixteen years of age, if females, and eighteen, if males. 

Second. Good health. 

Third. Satisfactory evidence of undoubted moral character. 

Fourth. A written pledge on the part of the applicant, filed with* 
the principal, that said applicant will, so far as may be practicable,, 
teach in the Common Schools of Indiana a period equal to twice 
the time spent as a pupil in the Normal School ; together with such, 
other conditions as the Board may, from time to time, impose. 

Sec. 11. Tuition in the Normal School shall be free to all resi- 
dents of Indiana who fulfill the four conditions set forth in sectioa 
10 of this Act and such other conditions as the Board may require. 

Sec. 12. A high standard of Christian morality shall be observed 
in the management of the school, and, as far as practicable, be incul- 
cated in the minds of the pupils; yet no religious sectarian tenets- 
shall be taught. 

Sec. 13. Said Board of Trustees shall, biennially, make a report, 
to the Legislature, setting forth the financial and scholastic condition 
of the Schools; also making such suggestions as, in their judgment,, 
will tend to the improvement of the same; and [in] the years in 
which there is no session of the Legislature, they shall make a 
report of the scholastic condition of these Schools to the Governor^ 
on or before the first Monday in January. 

Sec. 14.* The State Board of Education shall appoint, annually, 
in the month of June or at their first meeting thereafter, a commit- 
tee of three, who shall constitute a Board of A'^isitors, and shall, in 
a body or by one of their number, visit said School once during 

*As amended March 5, 1873. 



STATE NORMAL SCHOOL. 77 

■each term, and witness the exercises and otherwise inspect the con- 
dition of the School ; and, by the close of the Normal School year, 
they shall make a report to the Board of Trustees. The members 
of said Board of Visitors shall be allowed five dollars for each 
day's service rendered and also traveling expenses, to be paid out of 
the State Treasury. 

Sec. 15.* The Superintendent of Public Instruction shall, in his 
next apportionment of school revenue for the State, deduct seven 
thousand five hundred dollars (|7,500) ; and semi-annually there- 
after he shall deduct the same amount; which shall be set apart and 
be known and held as the Normal School Fund. These moneys 
shall be paid out only on the warrant of the Auditor, drawn on the 
£order of] the Board of Trustees. 

Sec. 16. The members of the Board of Trustees shall each be 
.allowed five dollars for each day's service rendered, also traveling 
•expenses, to be paid out of the State Treasury. 

Sec. 17. Said Board shall pay their treasurer and their agent, 
if such be appointed, as provided for in section fifth of this Act, 
;such sums for their services as shall be reasonable and just. 

Sec. 18. [Declares an emergency.] 



.AN ACT to amend an Act entitled "An Act to create a State Normal School ; and 
declaring an Emergency," approved December 20, 1865; and adding Supplemental 
Sections thereto ; and providing for certain appropriations. 

[Approved March 5, 1873.] 

Sec. 1. Amends section 14 of Act of December 20, 1865. 

Sec, 2. The Board of Trustees are authorized to grant, from 
time to time, certificates of proficiency to such teachers as shall have 
►completed any of the prescribed courses of study, and whose moral 
character and disciplinary relations to the school shall be satisfactory. 
And at the expiration of two years after graduation, satisfactory 
evidence of professional ability to instruct and manage a school 
having been received, they shall be entitled to a diploma appropri- 
ate to such professional degrees as the Trustees shall confer upon 
them ; which diplomas shall be considered sufficient evidence of 
qualification to teach in any of the schools of this State. 

Sec. 3. There shall be appropriated out of the State Treasury, 
from funds not otherwise appropriated, three thousand two hundred 
and six dollars and eighty-three cents (f 3,206.83), to liquidate the 
indebtedness of the Normal School ; also an amount annually, not 
exceeding two thousand dollars (f 2,000) in any one year, for warm- 

*As amended March 5, 1873. 



78 SCHOOL LAWS OF INDIANA. 

ing, lighting, janitor's fees, repairs, and for actual expenses of said 
institution. 

Sec. 4. Amends section 15 of Act of December 20, 1865. 

Sec. 5. [Declares an emergency.] 



MISCELLANEOUS LAWS. 



AN ACT to authorize Township Trustees, Trustees of Incorporated Towns, and the 
Common Councils of Cities to levy a Tax for School purposes. 

[Appkoved Maech 9, 1867.] 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That the Trustees of the civil townships, the Trustees of 
incorporated towns, and the Common Councils of cities, shall have 
power to levy, annually, a tax not exceeding twenty-five cents on 
each one hundred dollars of taxable property and twenty-five cents 
on each taxable poll ; which tax shall be assessed and collected as 
the taxes for State and county revenue are assessed and collected. 

Notes. — The Trustees mentioned in the second phrase of this section are the Trus- 
tees of the town, not the School Trustees. 

The law does not prevent the Trustees from anticipating this tax. — (See Harney 
vs. Wooden, 30 Ind., 178.) 

This tax extends to the property and polls of persons transferred from one cor- 
poration to another. 

Sec. 2. The funds arising from such tax shall be under the 
charge and control of the same officers, secured by the same guaran- 
tees, subject to same rules and regulations, and applied and ex- 
pended in the same manner as funds arising from taxation for 
common school purposes by the laws of this State : Provided, That 
the funds assessed and collected in any civil township, incorporated 
town, or city shall be applied and expended in the same civil town- 
ship, incorporated town, or city in which such funds shall have been-, 
assessed and collected. 



MISCELLANEOUS LAWS. 79> 



AN ACT to limit the power of Township Trustee in incurring Debts, and requir- 
ing him to designate certain Days for transacting Township Business. 

[Appeoved March 11, 1875.] 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That whenever it becomes necessary for the Trustee of 
any township in this State to incur, on behalf of his township, any 
debt or debts, whose aggregate amount shall be in excess of the 
fund on hand to which such debt or debts are chargeable and of the 
fund to be derived from the tax assessed against his township for 
the year in which such debt is to be incurred, such Trustee shall first 
procure an order from the Board of County Commissioners of the 
county in which such township is situated, authorizing him to con- 
tract such indebtedness. 

Sec. 2. Before the Board of Commissioners shall grant such 
order, the Township Trustee shall file, in the Auditor's office of his 
county, a petition setting forth therein the object for which such 
debt or debts are to be incurred, and the approximate amount re- 
quired; and shall make affidavit that he has caused notice to be 
given of the pendency of such petition, by posting notices in not 
less than five public places in his township, at least twenty days 
prior to the first day of the session of said Board. 

Sec. 3. Such Township Trustee shall designate certain days in 
each week or month, as may be required, in which he will attend 
to the business of his township, and cause notice thereof to be 
given to the inhabitants of such township ; and all contracts, audit- 
ing and payment of claims, shall be made only on such desig- 
nated days. 



AN ACT to authorize the Election of Women to School Offices. 

Approved April 14, 1881. 

Section 1. Be it enacted by the General Assembly of the State of 
Indiana, That any woman, married or single, of the age of twenty- 
one years and upwards, and possessing the qualifications presdi-ibed 
for men, shall be eligible to any office under the general or special 
school laws of the State. 

Sec. 2. That any woman elected or appointed to any office under 
the provisions of this Act, before she enters upon the discharge of 
the duties of the office, shall qualify and give bond as required by- 
law ; and such bond shall be binding upon her and her securities. 



-80 SCHOOL LAWS OF INDIANA. 



i^N ACT to protect Sheep Husbandry ; to regulate matters connected therewith ; 
to provide f®r registering, taxing, and killing Dogs. 

[Approved March 13, 1881.] 

[The following extract from the above entitled Act gives the only School Law 
provision contained therein :] 

Sec. 5. And provided further, That the fund provided for in 
section four of an Act of the General Assembly of this State 
upon this same subject, approved March 2, 1865, on hands with the 
several Township Trustees in this State, shall, when this Act shall 
become operative, be added to the fund created or to be created 
under the provisions of this Act ; and the claimants under the pro- 
visions of said Act of 1865 shall be entitled to payment, where the 
same has not already been made, out of such consolidated fund, in 
the order of their priority. And when it shall so happen on the 
first Monday of October of each year, in any township, that said 
fund shall accumulate to an amount exceeding fifty dollars over and 
above orders drawn against the same, the surplus above the said fifty 
dollars shall be paid and transferred to the school revenue of the 
itownship, and expended as a part thereof for tuition. 



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